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(영문) 대구지방법원 2016.02.05 2015구단10761
국가유공자및보훈보상대상자요건비해당결정처분취소
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 August 9, 1980, the Plaintiff joined the Gun and served in the Marine Corps, and was discharged from military service on March 31, 2014.

B. On August 6, 2010, on the ground that the Plaintiff was diagnosed as a document escape certificate (hereinafter “instant injury”) and received medical treatment, the Plaintiff filed an application for registration with the Defendant on April 21, 2014.

C. Accordingly, on March 4, 2015, the Defendant rendered a decision on the person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the occurrence or rapid aggravation of the injury or disease was not recognized due to the performance of military duties.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant injury and disease occurred while the Plaintiff was engaged in the work of moving gones during the military service, and thereafter, the Plaintiff was discharged from military service to the extent that it was impossible to perform military service due to the lack of symptoms despite having undergone several operations.

Therefore, since the injury of this case occurred due to an injury during the performance of military duties, the first defendant's disposition of this case is unlawful on different premise.

B. On August 6, 2010, the Plaintiff: (a) caused severe pains by moving documents to the office to organize the office around August 6, 2010; and (b) caused severe pains (hereinafter “instant accident”).

(2) On August 17, 2010, the Plaintiff was diagnosed as the instant injury and disease at the Maritime Port Hospital and received surgery for the blocking from the Maritime Army Water Service Hospital around November 2010, 2010, and the Plaintiff continued to perform the relevant surgery, and as such, the Plaintiff’s treatment at C Hospital around October 17, 2012, “the method of removing the racul disc No. 5-Tur No. 1” and “the method of removing the racul disc No. 3-4 racul disc” on December 14, 2012.

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