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(영문) 광주고등법원 2016.06.02 2015누7363
국가유공자등록거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the instant disposition

A. On August 13, 1981, the Plaintiff was enlisted as a noncommissioned Officer and was appointed as a naval noncommissioned Officer on January 30, 1982 and discharged on September 30, 1986.

B. On November 24, 2003, the Plaintiff applied for the registration of a person of distinguished service to the State on the ground that “A person who was injured by the right bridge and husium by satisfaction of underwater erosion training during the military unit to which he belongs, while serving in the military unit to which he belongs, and received a sex surgery at an integrated hospital on July 1985 by taking the face, etc. during underwater erosion training.” The Plaintiff applied for registration of a person of distinguished service to the State on the ground that “a person was subject to a sex surgery at the integrated hospital (e.g., spine e., e., escape certificate (e., 5-T. 1) of spine e.g., e., spine e., e., e., e., spine e., e., e., e., e., e., e., spine e., e., e., e., chron.

C. On May 31, 2005, the Plaintiff sustained injuries and applied for recognition of additional prizes to the Defendant. On April 11, 2006, at the Patriots and Veterans Examination Committee of the Republic of Korea on April 11, 2006, the “protruding of conical signboards between 2-3, 4-5, and 6-7 of the Gyeongsan, the escape certificate of conical signboards between 5-2, the escape certificate between 5-000, the right-hand fronts, and the structural loss outside the upper dubs of the upper dub,” was deemed to be an additional difference, but it was determined that the rating of the disability rating was below the criteria.

On February 14, 2008, the Plaintiff filed an additional application for recognition of the injury (application for registration) with the Defendant on the ground that “unexplic mental disorder, and stress disorder of the unknown injury” (hereinafter “the injury of this case”) occurred in relation to the performance of military duties. However, at the Veterans Examination Council on January 15, 2009, there is no specific and objective evidence to confirm that the injury of this case occurred in relation to the performance of military duties. Medical advisory disorder of the king generally is a congenital disease related to the performance of military duties.

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