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(영문) 대구지방법원 2017.05.19 2015구단10358

국가유공자요건비해당결정취소

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On March 31, 2008, the Plaintiff was receiving medical treatment from the Department of the Armed Forces Down Hospital while serving in the Army, and was discharged on February 18, 2010.

B. On July 25, 2014, the Plaintiff filed an application for registration with the Defendant for registration of persons who have rendered distinguished services to the State, alleging that: (a) a superior after the collision with his/her superior and his/her fellows suffered from cardio-psychological pain; and (b) an application for registration,

[As seen in the rear, the Plaintiff was diagnosed on July 22, 2014 at the Gyeongbuk University Hospital as “the fluoral dysium disorder,” “the fysium disorder,” “the fysium disorder,” and “the current state of fysium and part,” and hereinafter “the fysium”).

On January 9, 2015, the Defendant issued a notice of determination on the non-conformity of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wounds cannot be deemed to have been caused by (i) the performance of duties or education and training directly related to the protection of national defense and security, or the protection of citizens’ lives and property, and (ii) the aforementioned performance of duties or education and training cannot be deemed to have rapidly deteriorated at a speed above the natural progress or as a direct cause for performing other duties or education and training, or that they cannot be deemed to have rapidly deteriorated at a speed above the natural progress.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 5 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff suffered from the injury of this case due to the suspicion of the appointed soldiers, stress caused by the duty of the assigned soldiers and the duty of the commander of the workplace, which led to the aggravation of the injury of this case, which led to the aggravation of the injury of this case due to the medical malpractice of the military.