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(영문) 의정부지방법원 2015.09.09 2013구단1186
국가유공자등록거부처분취소
Text

1. The decision that the Defendant rendered against the Plaintiff on July 19, 2012 constituted a non-conformity of the requirements for a person of distinguished service to the State shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff (B) entered the Air Force on August 30, 2010, but was discharged from military service on November 30, 201.

B. On December 7, 2011, the Plaintiff applied for registration of a person of distinguished services to the State on the ground that “Around April 201, 201, the Plaintiff was faced with a serious shock that was going under the stairs while getting out of the stairs at the place of work in the middle of the centering. After that, the Plaintiff was faced with a shock that was going through a stadium during the physical training period, while going through a stadium.” The Plaintiff had sustained constant pain while dispatched to the Army Chemical Academy and being trained, and applied for registration of a person of distinguished services to the State.”

C. On July 19, 2012, the Defendant rendered a non-specific decision-making measure on the ground that “it is not deemed that there is a proximate causal relation with the military performance of official duties, such as the observation of the state of the injury and disease that has been passed one year or more in accordance with the right-hand MaI’s opinion taken on August 12, 201,” against the Plaintiff (hereinafter “instant disposition”). D.

On April 6, 2013, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the characteristics of the credit have not been verified, and the medical opinion of a medical specialist was presented that the results of the MIM reading taken on August 12, 2011 were old.

‘A ruling was dismissed for reasons such as ‘'.

[Ground of recognition] Unsatisfy, Gap evidence 1, 6, Eul evidence 1, whole purport of pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not have any problem on the right development before entering the military school. Since eight months after entering the military school, the Plaintiff suffered injuries due to heavy impact on the stairs, which was frightful, due to a mistake, from the stairs, and was not properly treated thereafter, while being dispatched to the Army and Chemical School, the state of growing trees has deteriorated during the training.

Since then, the results of the MRI shooting in the National Armed Forces Waterworks Hospital have been judged as a diversity, and it is inevitable to receive treatment.

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