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(영문) 대전지방법원 2014.12.26 2011구단438
국가유공자등록거부처분취소
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 August 4, 2008, the Plaintiff entered the Navy as a soldier and discharged from military service on August 16, 2010.

B. On August 26, 2010, the Plaintiff filed an application for registration of "person of distinguished service to the State," on the ground that "any person who has rendered distinguished service to the State, while transporting electric motors (30 to 40 km) during the construction of a new physical training center on October 30, 208, was discharged from stones, thereby shouldering to the right and right shoulder."

C. On January 17, 2011, the Defendant issued against the Plaintiff a disposition rejecting the registration of persons who rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that “it is difficult to recognize the proximate causal relation with the public duties.”

[Ground of recognition] Facts without dispute, Gap evidence 9, Eul evidence 1, Eul evidence 2-1, 2, Eul evidence 3-1, 2, Eul evidence 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 23, 2008, the Plaintiff asserted that he was injured on the right side by going beyond the parallel group during the process of returning to the military unit after undergoing a large outdoor screening training on October 23, 208.

On October 30, 2008, while working for the plaintiff, while transporting electric motors during the construction of a new military force training center on October 30, 2008, the plaintiff was injured by reconfecting the right shoulder and facing the right shoulder on the floor.

The Plaintiff is a soldier or policeman wounded on the part of his shoulder and shoulder during education and training or in the performance of duty, and thus constitutes a soldier or policeman wounded on duty.

Therefore, the instant disposition is unlawful.

B. In August 18, 2005, the Plaintiff received respectively medical treatment from the Council members on August 18, 2005 as “masts, human spons, salt spons, and tensions on the surface of the launching trees and the bends,” and from the Council members on October 17, 2005 as “lines, spons, and tensions on the surface of the bends.”

On February 28, 2007, the Plaintiff received medical treatment at the hospital of a college, and in the medical record, the Plaintiff’s lake and marsh of “the medical record”: the right abstinia (the two-year outbreak), the present symptoms: the farm district of two years before the two years period, and the long abstinia.

달릴 때 통증이 있고 항상 삔다.

Assessment of the right-hand pressure, e.g. internal instability-scarcity.

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