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(영문) 대전지방법원 2015.02.06 2013구단100431
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 February 8, 2011, the Plaintiff entered the Army Armed Forces and was discharged from military service on December 2, 2011.

B. On January 21, 2013, the Plaintiff filed an application for registration with the Defendant for “Graeuri, shoulder, and Mali-gu,” to the Defendant.

(The plaintiff is dissatisfied with the disposition of non-competent person of distinguished service to the State in the lawsuit of this case. Therefore, it is only find to Doz.).

On April 16, 2013, the Defendant rendered a non-competent disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that “L4 is observed without attaching L4/5 spinal separation certificate to spine ebrate ebrate ebrate ebrate ebrates.” However, in the case of the Plaintiff, medical opinions that the ebrate ebrate ebrate ebrates, etc. should be accompanied, but it is not so, for the Plaintiff, and medical opinions that it is difficult to recognize public duties-relatedness in cases where there is no strong external symptoms that may cause damage to spine, such as fall down due to ebrate ebrate diseases. However, it cannot be confirmed that there is a strong external wounds on spine ebrate ebrate ebrate ebrate ebrate ebrates. Therefore, it is not recognized that the application is directly related to the national defense and safety or the national life and property protection.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have any problem before entering the military, which is the Plaintiff’s assertion.

On May 22, 2011, the Plaintiff, while conducting mountain tactical training, was affected by a traffic accident where vehicles are returned to the National Armed Forces Walls Hospital in the state of being accumulated in the military Soviet without wearing a safety bell in the military.

A traffic accident shall be deemed an accident that directly causes education and training related to the performance of duties.

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