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(영문) 광주고등법원 2015.03.26 2014누5797
지원대상자비대상결정처분취소
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 disposition;

A. On August 21, 2011, while serving as a driver on the Air Force on December 28, 2009, the Plaintiff, on August 21, 201, conducted a partial feleing procedure at the National Armed Forces (hereinafter “the left knee, bucking part of the front knee, knee, chills, and slopings”), as a result of MIM shooting at the National Army Hospital, “the front knee, knee, knee, knee, and slopings of the front knee, knee, knee, knee, and slopings of the front knee, knee, knee, knee, and slopings of the front knee, and continued to return to the military service at the National University Hospital on October 18, 2011.”

B. On June 20, 2012, the Plaintiff filed an application for the registration of a person of distinguished service to the Defendant on the basis of the instant wound, and the Defendant recognized that the instant wound occurred during the performance of official duties on December 27, 2012, but it was determined that the principal’s failure to perform his/her duty of care was concurrent due to the failure to perform his/her duty of care without external factors or inevitable reasons, and that the said wound was prior to the amendment by Act No. 11041, Sept. 15, 201 (amended by Act No. 11041, Jul. 1, 201; hereinafter “Act of Persons of Distinguished service to the State”).

C. The Plaintiff received a new physical examination on February 6, 2013 at the Gwangju Veterans Hospital and a new physical examination on June 7, 2013 (hereinafter “each of the instant physical examinations”). However, on June 25, 2013, the Plaintiff was determined to fall short of the grading criteria. Accordingly, on June 25, 2013, the Defendant rendered a disposition of non-determination of persons eligible for support (hereinafter “instant disposition”).

Accordingly, the plaintiff on August 2013.

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