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(영문) 대전지방법원 2015.06.05 2014구단100728
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 March 7, 1986, the Plaintiff was discharged from military service on August 4, 1988, when the Plaintiff entered the Army as B students, and was discharged from military service.

B. On February 7, 2014, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State for “contributable loss” (hereinafter “contributable loss”).

C. On August 27, 2014, the Defendant rendered the instant disposition against the Plaintiff on the ground that “The records verified by a military hospital with the diagnosis and treatment of the cardiopathosis, and determined as “official injury” on the certificate of an official disease; however, the development circumstance related to the military performance of military duties, such as spathy training, is not verified; it is deemed that there was an spathy disorder from an elementary school on the record of the beds; it is deemed that there was an spathy disorder; the military hospital and discharged from the hospital after the discharge; there was no objective data to deem that there was a sudden aggravation of the disease beyond the natural progress due to the lack of appropriate diagnosis and treatment due to the military performance of official duties; on the other hand, it is not recognized that the applicant suffered an injury in the course of performing military duties or education and training directly related to the national defense, or that there was a proximate causal relation with the military education and training, or that there was no objective data to deem that the disease was rapidly aggravated or aggravated” (hereinafter referred to as “the relevant person of distinguished service”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had no past history related to the previous application for the admission to the Plaintiff, and transferred the Plaintiff to the 101 Military Service on April 24, 1986 and served as a volunteer soldier on a normal basis.

The plaintiff, on November 1, 1986, had a high-speed loss due to the high-speed heat during the training of Poshotsman, but the military hospital was more worse due to the lack of appropriate treatment, and due to the difficulties in daily life and daily life even after discharge.

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