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(영문) 대전지방법원 2011.05.12 2010구단134
국가유공자비해당결정처분취소
Text

1. The Defendant’s decision on August 13, 2009 that constitutes a person of distinguished service to the State shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 6, 2003, the Plaintiff received a scarbic examination at the National Armed Forces Walls Hospital, etc., resulting in a scarbication after entering the military wall hospital, etc., received each side of the scarbic and scarbic and scarbing with scarbic and scarbing, and discharged on October 5, 2005.

B. After discharge, the Plaintiff filed an application for the registration of a person of distinguished service to the Defendant on May 19, 2009, with the disposal chest as of May 19, 2009, because it is difficult to maintain a normal life due to the existence of a pain, pressure, and respiratory distress in the right chest part of the right chest up until now. However, the Defendant rendered the instant disposition to the effect that: (a) on August 13, 2009, the Plaintiff had a record of being treated as “hese” in Daejeon on the ground that he was treated as tuberculosis in the year 2002; and (b) the Plaintiff was treated as having been treated for six months due to tuberculosis in the year 2002, the Plaintiff was deemed as having been discharged from Daejeon; and (c) it is difficult to recognize the relationship with the Plaintiff

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

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) although he was suffering from a scarcity and tuberculosis, the Plaintiff was improved in the War War all, and he was in a state of being forced to avoid and be forced to take an excessive campaign to prevent recurrence in relation to scarcitys. 2) The Plaintiff was unable to carry out his duties with physical burden compared to other soldiers, even though he was unable to carry out his duties with the ability to carry out his duties with the remaining physical burden compared to other soldiers, the Plaintiff was able to check military life in the front bank, and the scars are aggravated and aggravated.

3) Therefore, it should be deemed that the causal relationship between the Plaintiff’s chest and military duty performance should be recognized, and the instant disposition should be revoked in violation of the requirements for registration of persons who rendered distinguished services to the State by denying the causal relationship. (B) The Plaintiff from around 198.

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