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(영문) 울산지방법원 2017.10.19 2016구합418

국가유공자 등록거부처분 취소

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 September 8, 2003, the Plaintiff entered the Army and was under the so-called “the instant accident” (hereinafter “instant education and training”) that was moved to the iron bars at the Army Training Center on October 8, 2003, and was under the so-called “the instant accident”).

B. Since then, the Plaintiff was diagnosed by the right shoulder sponsa to the right shoulder sponsa through the examination at the Armed Forces Hospital, and was discharged from military service on January 5, 2004.

C. On November 2, 2015, the Plaintiff filed an application for registration with the Defendant for registration of a person of distinguished service to the State by asserting that both shoulders were deprived of all during the instant education and training. D.

On March 28, 2016, the Defendant rendered a decision to the Plaintiff on the following: “In addition to the Plaintiff’s statement, objective supporting materials were not verified; “Influence of a shoulder” had been a tool of a shoulder breakout from before entering the army; and the military wound cannot be deemed to have rapidly aggravated at a natural progress speed due to the performance of military duties, etc.; thus, the Defendant did not meet the requirements for persons who rendered distinguished services to the State and persons who have rendered distinguished services to the State (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had already been deprived of the left-hand shoulder, which had already been abandoned before being enrolled in the education and training of this case, and that body was laid off on the right shoulder, thereby leaving the right shoulder.

The plaintiff's main rank is the left-hand shoulder of the plaintiff's main rank, and even though the plaintiff's main rank was inspected on the left-hand shoulder by the hospital in the military, all of the relevant medical records were inspected on the right-hand shoulder.