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(영문) 대전고등법원 2011.12.01 2011누1038
국가유공자비해당결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 6, 2003, the Plaintiff entered the Gun and was discharged from office on October 5, 2005.

B. The plaintiff has received the following treatment while serving in the military.

1) On February 9, 2004, after completing the training by showing the Apops chest and respiratory distress pain during the training of abnormal outdoor tactical, the military wall hospital was diagnosed and treated with a pleplehy in the military wall hospital on October 3, 2004. 2) On October 3, 2004, during the inspection of the communication line, a hot scarbly scarbly scarbly scarbly scarbly scarbly scarshed, being diagnosed with a plehy (proof) at the military wall hospital on October 7, 2004, and transferred to the National Armed Forces Capital Integration hospital on October 12, 2004, and was transferred to the right side of the end of October 12, 2004.

C. After discharge, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the Defendant on May 19, 2009, claiming that it is difficult to maintain a normal life due to the existence of pain, pressure, and respiratory distress on the right chest on the right chest due to a scarcity, and filed an application for registration of persons who have rendered distinguished services to the State. However, on August 13, 2009, the Defendant: (a) had the record of being scarbly treated before being admitted by the Plaintiff on August 13, 2009; and (b) had been treated as tuberculosis for six months in 202; (c) the Plaintiff appears to have been suffering from tuberculosis; and (d) in medical advice, it appears that the Plaintiff’s injury was a disease before being admitted as a soldier; and (e) it is difficult to recognize the relationship between the Plaintiff’s chest and military duties (hereinafter “instant disposition”).

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 of the parties asserted that the plaintiff had been treated with scarcity and tuberculosis before entering the bar, but this was all improved at the time of entering the bar, so the scarlet that occurred during military service has re-explosive or aggravated due to training and performance of duty, and the plaintiff is now at present.

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