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(영문) 서울행정법원 2015.05.21 2013구합16494
상이등급판정처분취소
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 September 30, 1973, the Plaintiff entered the Army, and was discharged from the military service on August 31, 1979, at three public-use teams under special electric power headquarters, five public-use teams, special electric power training teams, etc.

B. On January 6, 2005, the Plaintiff applied for registration of a person who rendered distinguished services to the State on the ground that he/she was infected with spawn, etc. in the course of a survival training and suffered from wounds, such as part of his/her spawnosis, he/she contracted spawnosis, severe urology, and sexual disorder. However, on June 22, 2005, the Defendant decided that the Plaintiff’s disease as a soldier did not constitute a person of distinguished services to the State on the ground that there was no objective data to recognize that the Plaintiff’s disease was caused during the course

C. Accordingly, the Plaintiff filed an administrative litigation seeking revocation of the decision corresponding to the person of distinguished service to the State as stated in the above sub-paragraph (b). The Seoul Administrative Court dismissed the Plaintiff’s claim on March 21, 2006 (2015Guhap27796) but the Seoul High Court decided May 17, 2007 (2015Guhap27796), and it is reasonable to deem that the Plaintiff’s claim was caused by the Plaintiff’s reproductive act while providing education and training or performing duties during military service. Therefore, the Defendant should register the injury that the Plaintiff suffered through a physical examination as defined in the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Persons of Distinguished Service to the State”). The Defendant issued a judgment revoking the decision corresponding to the person of distinguished service to the State as stated in the above sub-paragraph (b) (2) on the ground that it is, the Defendant’s appeal was dismissed by the Supreme Court, and the judgment (2007Du11900) became final.

In accordance with the purport of the above final judgment, the defendant recognized that the plaintiff was infected with sphre sharing certificate by reproductively reproductive spopnel as part of education and training or performance of duty while in military service and received a physical examination of the plaintiff.

However, on November 6, 2007, the Plaintiff is in a physical examination at the Seoul Veterans Hospital.

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