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(영문) 서울행정법원 2020.11.19 2019구단54408
국가유공자요건비해당결정취소
Text

In the lawsuit of this case, the part of the insufficient grade criteria shall be dismissed.

The plaintiff's remaining claims are dismissed.

Reasons

1. Details of the disposition;

A. On December 27, 2011, the Plaintiff entered the Army and was discharged from active service on September 26, 2013, when serving in the 30 mechanical fire brigade supply and transportation unit B.

B. On December 6, 2017, the Plaintiff applied for registration of a person who has rendered distinguished services to the State to the Defendant on L5-S1 (the post-signing condition, hereinafter “the instant wound”). On May 11, 2018, the Defendant: (a) on the Plaintiff on May 11, 2018, performed symptoms after entering the Plaintiff without any special credit to recognize that the instant wound occurred due to acute wound; (b) there was no proof of medical opinion, such as verteball, non-annual blood transfusion, and damage to the annual organization of the instant wound; and (c) in light of the characteristics of the instant wound, it is necessary to determine whether the person who has rendered distinguished services to the State was aggravated due to verteculic disease, and does not meet the requirements for aggravation of the existing disease; and (d) in light of the fact that the instant wound does not meet the requirements for persons who have rendered distinguished services to the State, the Plaintiff does not meet the requirements for registration of a person who has rendered distinguished services to the State.

C. Accordingly, on November 30, 2018, the Plaintiff filed an objection against the instant Disposition No. 1 with the Defendant, and the Defendant did not verify the background and name of the injury and disease related to the instant wound in the records of outpatient medical treatment, and the first confirmation in relation to the instant wound was made on October 10, 2012 at the home-based survey site for the in-patient information, which was drafted on October 10, 2012, and was sent out from the stairs during the boundary patrol. However, in the process of confirming the fact of the injury and disease at the home-based address, knee-related injury.

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