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(영문) 청주지방법원 2016.06.16 2014구합10856
공상군경요건비해당 및 재해부상군경요건비해당결정처분 취소
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 September 13, 2012, the Plaintiff entered the Army, serving as a police officer at the Cheongju Police Station, and served as a police officer at the Cheongju Police Station on July 12, 2013.

B. On November 17, 2012, the Plaintiff asserted that he/she had suffered from the difference in the “influence scare knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee (hereinafter “instant accident”) on the part of half-month knee knee s

C. After deliberation by the Board of Patriots and Veterans Entitlement, the Defendant falls under the case where the injury in this case was inflicted on the Plaintiff on December 2, 2013 during the performance of military duties or education and training.

On the ground that there is no proximate causal relationship between the outbreak or aggravation of the outbreak and the performance of the military duty, a notification of non-specific military person or police officer's requirements was given.

(hereinafter “instant disposition”) D.

The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on February 10, 2014, but the said claim was dismissed on June 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 11, 12, Eul evidence Nos. 2 and 4 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The difference between the Plaintiff’s assertion and the instant case constitutes a wound during military education and training that the Plaintiff was incurred while moving ices according to his superior’s instructions, among the suppression training conducted in the relevant field. The Plaintiff, prior to the instant accident, had performed military service normally without causing any particular pain on the left kne knee, and even if the Plaintiff’s king certificate was the cause of the instant difference, the difference in the instant accident occurred during education and training.

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