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(영문) 춘천지방법원강릉지원 2016.01.28 2015구합1718
국가유공자요건비해당결정취소
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 12, 2014, while serving in the Army on May 21, 2013, the Plaintiff was transferred to the emergency room of the Armed Forces Yangyang Hospital on the grounds of the left-hand visual room around July 19:20, when the Plaintiff was transferred to the Army. Following the date, the Plaintiff transferred to the Seoul National University Hospital, which was diagnosed as a “central network closure certificate” and was discharged from military service on September 22, 2014.

B. The Plaintiff filed an application for registration of a person who rendered distinguished service to the State on the ground that a certificate of closure of a dead blood relative (hereinafter “instant injury”) occurred due to military service with the Defendant.

C. On January 22, 2015, the Defendant rendered a decision on each of the persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wounds were not related to the national security or other official duties related to the national security.

【Ground for recognition】 The descriptions of evidence Nos. 1, 4, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff, while serving in the military, was suffering from a serious stress, overwork, and the injury of this case occurred due to the duty environment that is accompanied by heavy stress, overwork, and escape, and thus, the disposition of this case, which was otherwise determined differently, despite the proximate causal relation between the Plaintiff’s performance of duties and the injury of this case, is unlawful.

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

C. (1) On May 21, 2013, the Plaintiff, while entering the Army on May 21, 2013 and serving in the Army, appealed from the left-hand vision room, sent back to the emergency room of the Armed Forces Yangyang-si Hospital. Although there was any symptoms that could not be seen before and after the entrance of the Armed Forces, the Plaintiff’s medical treatment was restored to the military officer in charge at the time, but there was a symptoms showing that the left-hand eye was examined at the intervals of one month of the Pyeongtaek-si.”

(B) The Plaintiff on July 13, 2014.

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