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(영문) 광주지방법원 2017.02.09 2015구단10974

국가유공자요건비해당결정취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On December 18, 1989, the Plaintiff entered the Gun and diagnosed “Matern B infection” around April 1990, and discharged from the military on October 19, 1990.

B. On July 2015, the Plaintiff filed for registration of a person of distinguished services to the State, alleging that the instant injury was caused during the military service by deeming the applicant’s injury as “liver disease” (hereinafter “liver disease”).

C. On October 21, 2015, the Defendant rendered a decision corresponding to the person who has rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that the Defendant rendered a non-conformity of a person who has rendered distinguished services to the State and a person eligible for veteran’s compensation, on the ground that the Defendant rendered a medical information that “it is difficult to recognize that the person was infected by the infection B infection B, and that the hepatitis B is infected by the body amount, such as blood infected with the hepatitis B infection.”

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s No. 1, 2, and Eul’s No. 1, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the disease of this case was caused or aggravated due to physical stress due to a high strength training, organization combination, etc. during the military service, mental stress due to cruel conduct, and delayed treatment, etc., and thus, the injury of this case was caused or aggravated above the natural progress. Thus, there is a proximate causal relation between military duty or education and training and the injury of this case, but the disposition of this case on different premise is unlawful.

B. The plaintiff's status of the plaintiff's service entered the Army on December 18, 1989 and was assigned to the Army as a member of the Information Operations and Information Center on February 27, 1990, and around April 1990, the plaintiff was diagnosed as "the Maternal Maternal Maternal Maternal Maternal" and "B" and received treatment from the National Armed Forces Waterworks Hospital, the Armed Forces Daejeon Hospital, and the Armed Forces Daejeon Hospital on December 1990. < Amended by Presidential Decree No. 13193, Oct. 19, 190>