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(영문) 부산지방법원 2019.08.28 2018구단1361
국가유공자등록거부처분 등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant limited to the Plaintiff on April 13, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff entered on November 19, 2015 and was discharged from office on August 18, 2017.

On October 10, 2017, the Plaintiff applied for registration to the Defendant, such as a person of distinguished services to the State, to the effect that, “On February 27, 2016, in order to transport equipment, installation, etc. during the suppression of demonstration, immediately running away from a brush injury, and continuing to undergo pains after being diagnosed of confiscing signboards, etc. at an external hospital due to severe pain, and being diagnosed of confiscing obstacles, etc. at an external hospital for a long period of time, even after being diagnosed of physical therapy and pharmacologic treatment, and continued to undergo the surgery after being discharged from military service.”

B. The Defendant, upon deliberation and resolution by the Board of Patriots and Veterans Entitlement, rendered a decision on the Plaintiff’s application, on April 13, 2018, on the ground that it is difficult to view that the Plaintiff’s application made an escape from a signboard (hereinafter referred to as “the First Award”) between 4-5 and 5-5, and that the escape from a signboard (hereinafter referred to as “the Second Award”; and, in addition, “the First Award”) sharply aggravated beyond the natural progress due to the performance of his/her duty during the military service period, the Defendant rendered a decision on the Plaintiff’s non-applicable status as a person of distinguished service to the State or a person eligible for veteran’s compensation.

The determination of non-existence of persons of distinguished service to the State is referred to as "the primary disposition of this case" and "the determination of non-existence of persons eligible for veteran's compensation".

(c) The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 30, 2018, and the Plaintiff’s claim was dismissed on June 19, 2018. The Plaintiff’s ground for recognition was without dispute, and written evidence Nos. 1 and 2, and 1, respectively.

2. The legality of the instant disposition

A. Although the Plaintiff’s assertion was received from the Plaintiff due to the Plaintiff’s symptoms before entering the Plaintiff, it was for growth or physical correction, and the Plaintiff’s injury and disease in this case began with pains that were booming around February 24, 2016 after entering the Plaintiff.

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