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(영문) 청주지방법원 2016.02.18 2015구합10198
공상군경 요건 및 재해부상군경 요건 비해당 결정처분 취소
Text

1. On September 1, 2014, the Defendant rendered a decision against the Plaintiff on the requirements for soldiers and police officers wounded on duty and on the requirements of military personnel and police officers.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on October 15, 2012, and was discharged from military service on August 12, 2013.

나. 원고는 군복무 중인 2012. 12. 28. 전투체육시간에 축구를 하다가 넘어져 오른쪽 무릎을 운동장 바닥에 찧는 사고(이하 ‘이 사건 사고’라 한다)를 당하여 ‘반달연골판 찢김’의 상이(이하 ’이 사건 상이‘라 한다)를 입었다고 주장하면서, 2014. 2. 27. 피고에게 국가유공자 등록신청을 하였다.

C. On September 1, 2014, in light of the medical opinion that the instant wound was satisfying, the Defendant cannot be deemed as having realized the symptoms immediately after entering the military, and the instant wound constitutes a wound that was incurred during the performance of military duties or education and training.

Inasmuch as there is no proximate causal relationship between the outbreak or aggravation of the outbreak and the performance of military duties, the criteria for soldiers and police officers and the requirements for military personnel were determined non-applicable.

(hereinafter "Disposition in this case"). . [Grounds for recognition] without dispute, entry in Gap's 3 through 5, Eul's 1 and 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had never received medical treatment with respect to knee-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-

On December 28, 2012, the Plaintiff was faced with kneeee on the floor and returned to her own without conducting sports activities any longer.

Nevertheless, on January 7, 2013, the Plaintiff continued to provide medical treatment at the Armed Forces Yangyang Hospital. Since then, on February 28, 2013, the Plaintiff taken RoI photographs. After receiving the diagnosis of the instant wounds, the Plaintiff was diagnosed on April 26, 2013.

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