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(영문) 부산지방법원 2018.10.24 2018구단1156
행정처분취소
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. (1) On October 31, 1972, the Plaintiff was in charge of the lower-ranking ship on October 31, 1972 and was used in the large-scale launch training on December 26, 197, and was faced with equipment (hereinafter “instant accident”).

(2) On June 1975, the Plaintiff was registered as a soldier or policeman on duty on the other hand as a soldier or policeman on duty and on the other hand as a soldier or policeman on duty by filing an application for registration of a person who has rendered distinguished services to the State on the other hand, and on the other hand, as a soldier or policeman on duty on the other hand.

B. 1) On July 14, 2017, the Plaintiff asserted that the instant accident occurred due to the Defendant, the 4/5 conical signboard escape certificate, the crupt, and the cruptism on the left, and filed an application for additional recognition of additional wounds against each of the above wounds. (2) On January 26, 2018, the Defendant rendered a disposition that did not constitute a soldier or policeman’s duty, on the ground that the 4/5 conical signboard escape certificate and the yellow bruptism on the right side (hereinafter the instant wounds) were caused by the national defense security or the protection of the people’s lives and property, and that the instant accident did not constitute a soldier or policeman’s duty, and that it did not constitute a soldier or policeman’s duty, since it is deemed that the occurrence of the instant accident or the rapid aggravation of progress beyond the natural progress (the relevant part regarding the instant disposition was different from the instant case).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion stated that the Plaintiff was discharged from active service except for the external cerebral le, the left-hand pelle, and the injury was not caused by the instant accident, and that the nursing records prepared after the instant accident also stated that the Plaintiff was accompanied by two copies and only two copies while on duty by having been discharged from a private hospital due to the impact on her head and her leth during the training process.

Therefore, the escape from a signboard is caused by the shock of the instant accident, and the brain cell damage is caused.

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