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(영문) 수원지방법원 2015.04.22 2012구단5194
국가유공자등록거부처분취소
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 14, 1996, the Plaintiff was discharged from military service after entering the Army, and was discharged from military service on July 5, 200.

B. On July 1996, the Plaintiff suffered from Huuri, Yang knee, and left-hand gel injuries during the helicopter training, and around November 1998, the Plaintiff sustained an injury to Hui and Hui on the wind, which was under vadi, which was fluening due to night training, and became worse, and applied for the registration of distinguished service to the Defendant on the ground that the symptoms have deteriorated thereafter, on the ground that there was the aggravation of the symptoms, the Plaintiff applied for registration of distinguished service to the Defendant on the ground that there was no proximate causal relation between the instant wounds and the military performance of official duties (hereinafter “instant disposition”). However, on December 222, 2011, the Defendant rendered a non-conforming decision-making disposition that constitutes the requirements for providing distinguished service to the Defendant (hereinafter “instant disposition”).

[Ground of recognition] Gap evidence Nos. 2, 17, 21, Eul evidence No. 1-2, Eul evidence No. 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unlawful since the Plaintiff suffered from the instant wound while performing a special duty as a member of the Information Company, and the symptoms have deteriorated during repeated training. Thus, there is a proximate causal relation between the instant wound and the military performance.

B. Fact-finding 1) The confirmation letter related to the requirements for persons who rendered distinguished services to the National Armed Forces on June 24, 2010, under the name of the 965 father of the National Armed Forces, stated that the Plaintiff sustained an injury during education and training around July 1996, and was injured at night mountain pedago during the training at night around November 1998, which is confirmed to be a medical symptoms that may arise in a highly repeated training course for the performance of special duties. 2) At the deliberation stage of the former and wounded, the Plaintiff suffered an injury during the strengthening training at the training site at the Gosung-gun of the Gangwon-do High-gun of Gangwon-do around July 1996 where the Plaintiff was working during the period of service, and incurred an injury during the strengthening training at the training site at the training site at the training site at the Gosung-gun, Gone, and the left-hand injury on the left-hand side around November 1998.

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