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(영문) 광주고등법원 2017.07.13 2015누27
국가유공자요건비해당결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 24, 2010, the Plaintiff entered the Army as of August 19, 201, and was diagnosed with the vertebrate Separation around October 19, 201 and was discharged from military service on August 31, 201.

B. On September 14, 201, the Plaintiff: (a) diagnosed the Hemar coordinate and tension during the construction of the early base on October 15, 2010; (b) submitted to the unit a written opinion that he/she should receive a diagnosis of spine separation certificate on November 25, 2010, and cause excessive training and long-term walking damage; (c) however, on the ground that “the spine separation certificate (hereinafter “the instant difference”) was used after participating in a harsh training around January 201, and became severe in spine separation certificate”, the Plaintiff applied for registration of a person of distinguished service to the State with the disability.

C. On November 9, 2011, the Defendant: (a) on the ground that “the instant difference is determined by a congenital or qualitative disease caused by a congenital defect in the body of the Plaintiff; and (b) there is no objective proof to verify the occurrence or aggravation of the instant difference and a proximate causal relationship with the official duties; and (c) thus, the instant difference is not deemed to have been caused due to a proximate causal relationship with the military performance of official duties; and (d) thus, “the instant disposition” is “the instant disposition.

D. On January 10, 2012, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 12, 2012. [Grounds for Recognition] did not dispute, Gap’s 1, 2, 5 through 7 evidence, Eul’s 1, 2, and 2 evidence (including the serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had no medical ability to receive medical treatment in relation to the spine part before entering the military, and had a normal daily life. The Plaintiff was judged to have been given normal judgment in the field of nego and marithic surgery, in a physical examination for the conscription.

After entering the military, the Plaintiff is on October 15, 201.

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