beta
(영문) 서울행정법원 2014.09.24 2012구단29052

국가유공자비해당결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 25, 2010, the Plaintiff was discharged from military service on March 8, 2012 after entering the Gun.

On May 201, the Plaintiff asserted that he was diagnosed by a university hospital as “satise satise satise satise satise satise satise satise satise satise satise satise satise satise satise satch (hereinafter “instant injury”), and applied for registration of the Defendant on March 26, 2012 with respect to the instant injury.

B. On September 14, 2012, the Defendant rendered a decision and notified the Plaintiff on the ground that the instant injury and disease did not constitute the requirements for persons who rendered distinguished services to the State.

(hereinafter referred to as “this case’s disposition”). / [Grounds for recognition] without dispute, entry of Gap evidence 1

2. Summary of the plaintiff's assertion

A. The Plaintiff did not receive medical treatment with regard to the instant upper sentence before entering the Plaintiff, and the Plaintiff used 17:00 p.m. on May 201, 201 as a result of a high level of shock training with a high strength on and around the second day.

The plaintiff was transferred as soon as he was responsible for a medical control, and the face paralysis was unfolded to a certain degree after the passage, but he was unable to drive the chin and raised a pain.

Since then, the medical examination conducted by the Korea University Hospital on September 26, 201, which failed to receive proper medical treatment in a military hospital, was diagnosed as a result of the examination by the Korea University Hospital on September 26, 201.

B. Therefore, since the injury and disease in this case occurred due to the above shock training or the existing disease rapidly aggravated above natural progress, the defendant's disposition in this case which did not recognize the proximate causal relation with the military service of the injury and disease in this case is unlawful.

3. Whether the instant disposition is lawful

A. The records of Gap 2, 3, and Eul 1 through 3 are as follows; the result of the request of the examination of medical records to the Seoul National University Hospital and the result of the fact-finding;