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(영문) 광주지방법원 2020.08.12 2019구단10545
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 October 10, 2016, the Plaintiff entered the Army and served under the control of the 3rd Military Forces in the 1st Military Forces in the 3rd Military Forces in the 922 Military Forces, and was discharged on July 9, 2018.

B. On September 6, 2018, the Plaintiff: (a) filed an application with the Defendant for registration with a person of distinguished service to the State, etc. on the ground that the Defendant, while serving in the military, was deprived of the right shoulder during the mountain training course; and (b) applied for registration on the two parts of the application for registration, on the ground that the two parts of the Do, a mountain course in the military, were deprived of the right shoulder

C. On March 21, 2019, the Defendant rendered a decision that “The instant case does not meet the requirements of Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 14, 2017, during the military service, the Plaintiff asserted that the right shoulder, the body’s weight of which was cut down, was plucked by a plucking up, and thereafter, the right shoulder was left away from the front, while the Plaintiff was doing so within the military unit on May 6, 2018.

Accordingly, at B Hospital on May 11, 2018, the Plaintiff performed an operation on the 14th day of the same month, under the diagnosis that it is necessary to perform an operation due to trauma transfer instability, kniturine disease, aftermathy disease, aftermathy disease, part-time disease, extreme part-time disease, extreme part-time stroke, revitalization infection, dumpitis, and dump infection.

Therefore, the difference between the Plaintiff and the instant case occurred as a direct cause for the performance of duties directly related to national protection, etc., or at least as a cause for the performance of duties, the existing disease is naturally transitional.

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