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(영문) 대전고등법원(청주) 2017.04.19 2016누10375
공상군경 요건 및 재해부상군경 요건 비해당 결정처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and the conjunctive claim are all dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on October 15, 2012, and was discharged from military service on August 12, 2013.

나. 원고는 군복무 중인 2012. 12. 28. 전투체육시간에 축구를 하다가 넘어져 오른쪽 무릎을 운동장 바닥에 찧는 사고(이하 ‘이 사건 사고’라 한다)를 당하여 ‘반달연골판 찢김’의 상이(이하 ’이 사건 상이‘라 한다)를 입었다고 주장하면서, 2014. 2. 27. 피고에게 국가유공자 등록신청을 하였다.

C. On September 1, 2014, in light of the medical opinion that the instant wound was satisfying, the Defendant cannot be deemed as having realized the symptoms immediately after entering the military, and the instant wound constitutes a wound that was incurred during the performance of military duties or education and training.

The criteria for persons who have rendered distinguished services to the State and the requirements for persons eligible for veteran's compensation (hereinafter referred to as "disposition in this case") were determined on the ground that there is no proximate causal relation between the outbreak or aggravation of the outbreak and the performance of their military duties.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 5, Eul evidence 1 and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. On February 4, 2015, the Plaintiff filed the instant lawsuit after the lapse of 90 days from the date of the instant disposition. The instant lawsuit shall be dismissed as it is unlawful as it exceeds the period for filing the lawsuit.

B. Even in cases where an objection against the original decision, such as a non-existence of a person who rendered distinguished services to the State, is not accepted, an appeal suit against the original decision shall be filed, and Article 74-18(4) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall file an objection and be subject to the Administrative Appeals Act within 90

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