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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 April 17, 2012, the Plaintiff entered the Army and was discharged from active service on January 16, 2014.
B. On July 4, 2014, the Plaintiff filed an application for registration of a person of distinguished service to the State with different applications for the registration of Hembrate, etc. on the following grounds: “In the course of performing military duties or education and training on June 2012, 2012, the pain was aggravated, such as fluence in the preparation of the Embsium conference on December 10, 2012, and was diagnosed No. 5-1 on December 12, 2012 due to the aggravation of pain,” and the Plaintiff received the diagnosis No. 5-1 of Hemb disc disc, etc. on the ground that “The Defendant applied to the Plaintiff on December 8, 2014, but the Defendant did not constitute a soldier or policeman of distinguished service to the State, or a soldier or policeman of distinguished service to the State in accordance with the deliberation and resolution of the Patriots and Veterans Affairs Board and the instant decision that the injury applied to the Plaintiff does not constitute a soldier or policeman of distinguished service to the State.”
[The facts without dispute over the basis for recognition, Gap evidence 1, 6, Eul evidence 1 to 4, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
가. 원고의 주장 원고는 자대 배치 후 2012. 12. 10. 포술경연대회 준비로 인한 팀 방열 중 허리를 숙이고 포의 뒷부분 다리를 들다가 허리를 삐끗하게 되는 사고를 당하여 허리 부위에 심한 통증을 느꼈으나 곧바로 그 다음날부터 2012. 12. 12.까지 제설작업을 하면서 허리 통증이 심화되었고 진단 결과 요추 5번-천추1번 추간판탈출증 진단을 받았다.
Therefore, the disease such as the plaintiff's inferred escape certificate, Hem disc, conical disc, etc. is caused by military duties or education and training, such as oral training or snow removal work.
Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.
B. Determination 1: (a) Nos. 2 through 14; (b) Nos. 1 and 5; and (c) fact-finding with respect to B of this Court.