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(영문) 대전지방법원 2015.06.19 2014구단1517
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On July 7, 1986, the Plaintiff was discharged from military service on January 6, 1988, when the Plaintiff entered the Army as B students and was discharged from military service.

B. On November 19, 2013, the Plaintiff filed an application with the Defendant for registration of a person who rendered distinguished services to the State (hereinafter “application award”).

C. On March 21, 2014, the Defendant rendered a disposition against the Plaintiff on the ground that “The causal relationship with a person who rendered distinguished services to the State and a person eligible for veteran’s compensation cannot be confirmed, which is caused by urine diseases, such as urology and high blood pressure.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 6-1 to 4, each entry of Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was hospitalized at Ampha hospital as he was in the military service in 1987, but the cause was not known. The plaintiff was hospitalized with 20% of kidy function in the Ampha hospital in the Memian hospital in the Republic of Korea. However, there was no electric shock.

After all, the plaintiff was administered after the revocation of the call-out, and the plaintiff was in the face of cerebrovascular on March 10, 2013.

Since there is a proximate causal relation with military service, the instant disposition is unlawful.

B. According to the result of the court’s entrustment of medical records to the Korean Medical Association and the purport of the entire pleadings, the application form was recorded as having occurred due to the kidne high blood pressure in 1987 on the medical records of the Kiju Sysian Hospital Hospital Hospital. The kidne high blood pressure from kidne is shown in 10% to congenital (relicitivity), and the fact that the 90% high blood pressure from 10% to 90% without any special cause can be acknowledged.

According to the above facts, it is difficult to view that there is a proximate causal relationship between the plaintiff's military service and the applicant's service, and there is no other evidence to acknowledge it

Therefore, the plaintiff's assertion is without merit, and the disposition of this case is legitimate.

3. The plaintiff's claim is dismissed as it is without merit.

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