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(영문) 수원지방법원 2018.05.23 2016구단8856
국가유공자요건비해당결정취소
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 October 31, 1981, the Plaintiff entered the Army and was discharged from military service on June 30, 2015 (the Plaintiff’s discharged from military service).

B. The plaintiff from January 29, 2007 to the same year

2. 2. On May 16, 2007, both sides of the instant case were diagnosed of malutism, knee, knee, knee, and knee, knee, kne, and knee, kne, kne, and kne, knee, kne, and kne-man kne, the left side kne, respectively, on August 13, 2007, after both sides of the instant case was diagnosed of malute (MRI) as a result of an accident going beyond the training (hereinafter “instant No. 1 incident”).

C. On September 21, 2015, the Plaintiff was the Defendant.

An application for registration of persons who have rendered distinguished services to the State was made by entering the fact in the port and the fact that it was enforced No. 5-6-7 in the 5-6-7 in the luxical luxical luxical luxical lux, which is accompanied by the luxal ppuri disease card.

Accordingly, on February 23, 2016, the Defendant rendered the “instant disposition” to notify a person who rendered distinguished services to the State or a person eligible for veteran’s compensation of non-specific decision-making on the ground that it is difficult to find a proximate causal relationship between the occurrence or aggravation of the instant application and the performance of military duties or education and training.

E. The Plaintiff dissatisfied with the instant disposition and filed an appeal with the Central Administrative Appeals Commission, and the Plaintiff’s appeal was dismissed on July 22, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1-1, 2, 2 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) Around July 1995, the plaintiff suffered the first knee persium during the kne persium in the Gun. On August 18, 2006, the plaintiff was recommended to undergo a knee persium after taking out the outpatient surgery at the National Armed Forces Waterworks Hospital, but he decided to observe the course, and was in military service. 2) The plaintiff was the first accident of this case.

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