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(영문) 서울고등법원 2015.01.23 2013누32702
국가유공자비해당결정처분취소
Text

1. The part against the plaintiff falling under any of the following subparagraphs among the judgment of the court of first instance shall be revoked:

The defendant on 2010.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on March 2, 2009 and was discharged from military service on September 29, 2009.

B. On October 9, 2009, the Plaintiff filed an application for registration with the Defendant of distinguished service to the State on the following grounds: (a) by asserting that he/she was disabled in the “Ie, knee, shoulder, fele, sale, persium,” including the right sleper (hereinafter “instant wounds”) per se, for registration of a person of distinguished service to the State:

On March 2009, the Plaintiff was injured in the course of the movement of the training-oriented forces in the training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based training-based.

Even after the posting of self-defenses, the pains of the relevant sub-rankings have been deepened and deepened, and the number of sub-rankings that were sicked in the training center has continued in the process of implementing the work such as the Gu newsletter, training, etc.

As a result, through the diagnosis and examination of the Chuncheon Hospital and the National Armed Forces, it was performed on June 2009 by both sides at the Seoul Veterans Hospital. On August 6, 2009, it was conducted by the National Armed Forces Chuncheon Hospital to undergo a re-building operation on the right slives of the Chuncheon Hospital.

Although the Plaintiff was discharged from the military service on September 29, 2009, the Plaintiff is still under treatment because the injury level, including the instant wound, such as the Plaintiff’s sale, knee, shoulder, and salute, has not been completely cured.

C. On February 5, 2010, the Defendant rendered a decision against the Plaintiff on the non-conformity of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”) for the following reasons.

1 원고는 병상일지상 2009. 3. 말 훈련소 행군 중 양측 발목을 접질려 2009. 6. 17.'양측 족관절 만성 불안정성(브로스트롬 수술), 양측 족관절 비골하 부골 부골 절제술 ’로 치료받은 기록은 확인되나, ‘브로스트롬 수술’은 만성으로 진행된 경우 받는 수술이고, ‘비골하 부골'은 비골 아래 조그만 뼛조각이 생긴 것으로 외상으로 발생되는 질환이 아니라는 의학적...

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