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(영문) 부산지방법원 2013.12.06 2012구합2765
국가유공자등요건비해당통지처분취소
Text

1. The Defendant’s disposition that rendered against the Plaintiff on March 26, 2012 equivalent to the requirements of a person of distinguished service to the State shall be revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On February 1, 1998, the Plaintiff was discharged from active service to the Air Force on February 28, 201, after serving as a noncommissioned officer.

On May 201, the Plaintiff asserted that the Defendant received an application for registration of a person of distinguished service to the State by suffering from the wounds of pre-refluence of the left-hand slope and the multi-way defect in safety during military service (hereinafter “instant wounds”). However, on March 26, 2012, the Defendant did not confirm the details of the first escape and/or uniform of the check on March 26, 2012, and on the ground that the autopsy, accompanied by the checkee’s refluence, was confirmed, and that the “multi-way instability” was an individual as a physical problem, and thus, it is difficult to find a proximate causal relation between the instant wounds and the performance of official duties.

[Grounds for recognition] The plaintiff's assertion as to the legitimacy of the dispositions of this case as stated in Gap's evidence Nos. 1, 5, Eul evidence Nos. 1 and 2 had no particular problem on the pre-entry health of the plaintiff. ① On May 10, 2007, when the aircraft body was put into the left-hand body in order not to go beyond the regular aircraft cycle inspection, the case was brought into the wound, and the body was laid into the left-hand body on September 6, 2007, and discharged on November 5, 2007 at the National Armed Forces Busan Hospital under the influence of the Republic of Korea Armed Forces C&O, after receiving the check-up catum and upper part, and the case was discharged on November 5, 2007. ② From January 1, 2010, when the aircraft body was put in front and sold, it was performed on March 20.

4. The instant disposition was unlawful on the premise that there was a proximate causal relation between the instant wound and the performance of official duties, given that the instant disposition was conducted in the 23. B hospital’s e.g., e., e., e., e., e., e., e., e., e.,

The reason why the plaintiff's assertion is not confirmed, and the multi-way instability in the check is not caused by credit.

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