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(영문) 부산지방법원 2018.10.17 2017구단21160
전공상 추가상이처분 불인정처분취소
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. After entering the Army on April 1, 1964, the Plaintiff was registered as a soldier or policeman on duty under Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), and registered as a soldier or policeman on duty under Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, by suffering from the wounds of “An accident in which mines buried on the part of the Vietnam War on September 17, 1966 (hereinafter “the accident in this case”).

B. 1) On December 12, 2016, the Plaintiff’s failure to hear the hearing of the instant case to the Defendant (hereinafter the instant award) due to the instant accident.

(2) On May 2, 2017, the Defendant rendered a disposition that the instant wound did not constitute a major police officer or a military police officer, on the ground that it cannot be deemed that the instant wound was caused by the instant accident (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff asserted that there was no more than anything before the instant accident to the extent that the Plaintiff would be dispatched to the Vietnam War, and that there was no injury caused by both sides of the instant accident, and that the Plaintiff sustained one of the major causes of the dynasium.

In addition, the plaintiff has not worked in a noise environment that may affect the Cheong Station, such as the loader, crew, and apartment guard after discharge.

Thus, the difference in this case is deemed to have occurred due to the accident of this case, so the disposition of this case is unlawful.

B. According to the evidence Nos. 1 and 2 of the judgment, the Plaintiff suffered an explosion of mines laid underground on September 17, 1966 on the part of the Vietnam War, i.e., an accident in which the mines buried while riding a military truck on September 17, 1966, namely, an accident in which the Plaintiff suffered an injury, such as brain bottom, blood transfusion from the right-hand side, saved save, blood transfusion from the right-hand side, the left-hand side frame, etc. of the instant accident, and the Plaintiff on November 22, 2016.

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