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(영문) 의정부지방법원 2013.12.23 2012구단605
국가유공자등록거부처분 취소의 소
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, 2011, the Plaintiff, as a worker belonging to the second Korean Army Group B of the Geumcheon District in Gangwon-do, discovered a kind of swimming detonating cap, walkinging from the bar board around September 1951 while in charge of sending patients back and cooking, and filed an application for registration with the Defendant of distinguished services to the State on February 8, 201, by asserting that he/she sustained “chilling of the inside and outside of the boundary, cutting of the left 1, 2 balance of the left, a half of the composition of the right hand floor and the right-hand chest (hereinafter “the instant difference”).

B. On June 10, 201, the Defendant rejected the Plaintiff’s registration of a person of distinguished service to the State on the ground that “it is not confirmed that the records of medical records, such as beds, which can verify the occurrence of wounds during education, training, or performance of duties, were not confirmed, and that the name of the person of distinguished service to the State was confirmed in a blank column on the factual verification of facts related to the requirements of persons of distinguished service to the State, and the diagnosis submitted was confirmed by a medical certificate for which about 59 years passed after the participation, and there is no supporting document that can prove the proximate causal relation between the instant wound and the performance of military duties in addition to the statement of the Plaintiff and the person of friendship

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Eul’s evidence No. 1 to 3, Eul’s evidence No. 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff was suffering from the injury of this case due to explosion in order to detect a kind of carbon detonating cap while serving as a worker in the BJ and to deal with it as much as possible, and the injury should be deemed to have a proximate causal relation with the military performance of official duties.

B. In full view of the purport of the entire arguments in Gap evidence No. 2, it is recognized that the plaintiff participated in the Korean War 625 in terms of the status of labor officers belonging to the second Korean Army from December 1950 to October 1951.

However, the reasons for the plaintiff's injury are as follows.

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