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(영문) 창원지방법원 2020.05.06 2019구단10444
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of disposition;

A. On June 11, 1990, while the plaintiff was called for defense and under military training and being placed with self-defense around July 1990, the plaintiff was discharged from military service on September 25, 1990 and was diagnosed with chronic renals (hereinafter “the instant injury”). On July 10, 1990, the plaintiff was discharged from military service with the judgment of Grade V with mental and physical disability, and was discharged from military service with the judgment of Grade V with the judgment of mental and physical disorder. The plaintiff was discharged from military service with the judgment of Grade II while serving, and was diagnosed with the chronic renals (hereinafter “the instant injury”).

B. On August 21, 2018, the Plaintiff filed an application for registration of a person eligible for veteran’s compensation, alleging that the Plaintiff’s above diagnosis to the Defendant constitutes an injury by education and training or by performing duties, and the Defendant issued a notification on November 28, 2018 to the Plaintiff on the ground that “it is impossible to confirm the causal relationship with official duties in view of the Plaintiff’s medical history diagnosed and treated as the same disease before the Plaintiff was admitted” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap's 1 to 5, 7 evidence, Eul's 1 to 4 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff suffered from acute kidney infection in the first grade of elementary school and continued to be chronic kidney, and received a disposition of "the subject of the call-up for supplemental service" in the Military Manpower Administration physical examination on September 12, 1988, among the Do that takes a water again after graduation from high school. The plaintiff was diagnosed on June 11, 1990 after being admitted to the chronic renal failure, but was mistakenly recorded in physical grade 4 in all parts other than the sagur infection in the physical examination on June 11, 1990, and was used in the second grade of military training without proper management due to being placed on his part and making his life while serving without proper management.

Accordingly, the plaintiff had been under blood speculation in 1993 and kidney surgery in 194, and there was a causal relationship with the performance of duties of the prize branch in this case.

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