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(영문) 수원지방법원 2016.12.16 2016구단562

국가유공자요건비해당결정취소

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. The Plaintiff entered the Army on June 24, 2014, and was discharged from military service on January 23, 2015.

B. After entering the National Armed Forces on August 5, 2014, the Plaintiff: (a) had experienced pains; (b) had started medical treatment at B Hospital on August 7, 2014; and (c) had been conducted at B Hospital with the galutism and at the National Armed Forces Water Service Hospital; and (d) had been discharged on January 7, 2015; and (b) had been transferred to the National Armed Forces B Hospital for physical treatment on January 23, 2015; and (c) was discharged from military service on January 23, 2015.

C. On February 25, 2015, after the Plaintiff was discharged from active service, the Plaintiff applied for registration of a person who rendered distinguished services to the State or a person eligible for veteran’s compensation on the basis of his/her application for “defluence” to the Defendant. However, on July 13, 2015, the Defendant rendered a decision on whether he/she constitutes the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation and notified the Plaintiff thereof on the ground that the instant wounds were difficult to be recognized as having been caused or deteriorated due to the performance of military duties

The plaintiff filed an administrative appeal, but was dismissed on December 8, 2015.

[Ground of recognition] The entry of Gap evidence No. 6 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was unable to move ten minutes of 10 minutes after he was discharged from her entrance to a drainage plant on August 5, 2014, and the symptoms have deteriorated due to other work and training, and the disease of this case led to the occurrence of symptoms or the rapid aggravation of symptoms beyond the natural progress, and thus, there is a proximate causal relation between military education, training, and performance of duties, and thus constitutes the requirements for persons who have rendered distinguished services to the State or persons eligible for veteran’s compensation.

B. The following circumstances, i.e., the Plaintiff’s 14 death around 2009, which were acknowledged by comprehensively taking account of the descriptions of the evidence Nos. 4 to 8 of this Court, the results of the physical examination of the head of the Ansan Hospital Hospital at Korea University and the overall purport of the arguments.