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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2015.06.18 2014구합1210
국가유공자등록거부처분취소
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 July 16, 1971, the Plaintiff was discharged from military service on April 30, 1983, when he was employed as a military administrative officer and served as a reserve forces commander on September 1, 1983, and voluntarily retired on March 31, 2006.

B. On December 20, 2013, the Plaintiff asserted that excessive noise was exposed to the Defendant while serving as the commander of the reserve forces, and that “nicking and separated name of both sides (hereinafter “the instant wound”) occurred,” and filed for registration of persons of distinguished service to the State, but the Defendant rendered a decision on August 7, 2014 on the ground that “the instant wound is not likely to have proximate causal relation with the performance of duties or education and training,” on the ground that the Defendant rendered a decision corresponding to the requirements of public officials injured on duty and public officials injured on duty and public officials injured on disaster (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff served as the commander of the reserve forces for twenty-three years, and performed his duties without soundproofing devices, such as ear dog, and during that process, exposed to shooting noise during a long time and eventually led to the instant difference.

Therefore, since there is a substantial causal relationship between the Plaintiff’s injury of this case and the performance of duties or education and training, the Defendant’s disposition of this case on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Fact-finding 1) The Plaintiff, while serving as a commander of the reserve forces, mainly performed the duties of shooting and shooting instructors. 2) The Plaintiff did not receive medical treatment or diagnosis as to the infertility or name between September 1, 1983 and March 31, 2006, when the Plaintiff served as a commander of the reserve forces.

3 The results of health examination of the plaintiff are as follows:

Results of the inspection conducted on December 27, 2006: the results of the inspection conducted on January 17, 2008 by the 45dB on the left-hand side, the right-hand 60dB on the right-hand side.

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