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(영문) 인천지방법원 2017.03.21 2015구단50983
국가유공자 및 보훈보상대상자 비해당결정처분 취소
Text

1. On July 24, 2015, the Defendant’s disposition that rendered against the Plaintiff was revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 1, 2011, the Plaintiff entered the Army and discharged on September 30, 2014, and filed an application for registration of a person of distinguished service to the State on January 13, 2015, with the Defendant, on the following grounds: (a) the Plaintiff asserted that “In the course of performing shooting control duties, the Plaintiff was exposed to firearms noise by failing to wear the flusing him/her in accordance with the instructions of the fleet commander, and the Plaintiff was exposed to the left ear, and the king and the name have occurred on the left ear” (hereinafter referred to as “noise in this case”); and (b) applied for registration of a person of distinguished service to the State.

B. On July 24, 2015, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant decided that the Plaintiff does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that there was no objective data to verify that the instant difference occurred as a proximate causal relation with the military performance in addition to

(hereinafter referred to as the "disposition of this case"). [Grounds for recognition] No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In full view of all the circumstances such as the following: (a) the Plaintiff’s assertion that the Plaintiff had never been treated before entering the Plaintiff; (b) the Plaintiff had no physical record of having completed a normal examination and completed a military academy; (c) the Plaintiff served as a serious head after completing a physical examination; (d) the case where the shooting might lead to a serious explosion, and the strong explosion, such as shooting, may lead to a sudden exposure at one time; (e) the Plaintiff was exposed to the shooting noise of 2,100 levels per day without wearing a pluger; (e) the noise disorder was exposed to the high frequency 2,100 levels per day without wearing a ploser; and (e) the noise disorder kid in the 4kHz zone, which is characterized by the unique scopological disorder pans that are concentrated in the 4kHz zone; and (e) it is difficult to find any other causes other than the instant noise noise noise.

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