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(영문) 대구고등법원 2015.08.28 2014누5584
상이처일부인정거부처분취소
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. The reasoning for the court’s explanation on this part is the same as that of the relevant part of the judgment of the first instance except for the addition of some of the following, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The second sentence of the judgment of the court of first instance is to add "155 meters' autonomous circulation frequency" to the second second sentence.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion entered the Plaintiff’s health state without any particular error. The Plaintiff saw heavy carbon and powder, etc., saw as an engine gun and equipment to be installed in a steering waterway. The Plaintiff caused the occurrence of the instant injury and disease, or rapidly aggravated the existing disease beyond natural progress by making it unreasonable to remove snow.

Therefore, the injury or disease of this case has a proximate causal relation with the performance of military duty while performing military duty, and the prior defendant's disposition of this case is unlawful on different premise.

(b) Entry in the attached Form of relevant statutes;

C. 1) The details of the medical treatment before entering the military, and the reasons for the diagnosis, are as follows: (a) the Plaintiff received the medical treatment on August 14, 2001, and October 23, 2003, from the National Assembly members of the Military Branch; and (b) received the medical treatment on July 12, 2004 and July 13, 2004, from the National Assembly members of the Military Branch; and (c) received the treatment on July 13, 2004.

B) On February 2, 2010, the details of treatment (1) during the military service ① The Plaintiff was diagnosed as “the chrode and tension” and was diagnosed as “TT and MRIs.” On February 26, 2010, the Plaintiff was hospitalized on March 19, 2010, and received a h5 (HNP, Hernniated Nuleus Pulleus Pulleus Puls (Pulleleleus Puls Puloss) L-5 (Pullls Pulleus Puls, Pulpus) at the National Defense Waterworks Hospital on February 26, 2010.

③ The Plaintiff is from March 19, 2010 to April 21, 2010, and from April 21, 201 to May 6, 2010.

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