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(영문) 춘천지방법원 2013.08.30 2011구합745
국가유공자비해당결정처분취소
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 25, 1975, the Plaintiff entered the Army and was assigned to and served as a senior officer at the 21st Team B of the Army on December 3, 2002, and was retired on May 31, 2009, and filed an application for registration of a person of distinguished service to the Defendant on June 9, 2009, on the ground that: (a) a physical galgpagic disease in the military service; (b) an escape certificate of the climatic signboard escape certificate; and (c) a scargic scarcity and a brus (hereinafter collectively referred to as “the two”) occurred during the military service; and (d) a person who rendered distinguished service to the Defendant on June 9, 2009.

B. On September 9, 2009, the Defendant rendered a decision corresponding to the expense amounting to the person of distinguished service to the State on the ground that there is no proximate causal relation between the instant wound and the Plaintiff’s military service while performing his duty, and on January 13, 2010, the Plaintiff applied for re-registration of the person of distinguished service to the State by adding a written confirmation, etc. on the grounds of the instant difference, but the Defendant again made a decision corresponding to the expense amounting to the expense amounting to the person of distinguished service to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 12, 17, Eul evidence 13 and 15, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion ① A while entering the Army for more than 34 years, the Plaintiff carried out a training for more than 100km, and repeated training for more than 10 km, such as conducting more than 10 km mountain training. Around 1986, the Plaintiff carried out the work of putting heavy construction materials in direct stairs and moving them out for 7 months when he/she is in office as a small-scale subcontractor, and it was unreasonable to do so.

In addition, it has become unreasonable in the process of repeatedly performing the work to open about 12 km and 1,00 stairs at the time of serving as the deputy head of GOP.

In addition, from around 1986 to 1998, the Plaintiff worn equipment exceeding 20 km while performing mine removal operations in the GP area. From around 1990 to around 198.

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