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(영문) 광주고등법원 2015.01.08 2014누6370
국가유공자및보훈보상대상자적용비대상결정처분취소
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 February 26, 2008, the Plaintiff entered the Army, and served in the Third Class of the Military Service Corps of the 28th Military Service Corps on April 2008, and was discharged on January 18, 2010.

B. On August 14, 2012, the Plaintiff filed an application with the Defendant for registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation on the ground that the instant injury and disease occurred due to the instability on the right side due to the performance of official duties in the military.

C. Accordingly, on March 4, 2013, the Defendant rendered a non-eligible disposition against the Plaintiff on the ground that there is no proximate causal relation between the outbreak or aggravation of the instant injury and the performance of military duties (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff was healthy to the extent that he was judged at Grade 1 in a physical examination before entering the hospital. From March 2008 to March 2008, the Defendant’s disposition of this case, based on different premise, was unlawful, even if there was a proximate causal relation between the outbreak or aggravation of the right edge and the right edge of the instant injury and the military performance of official duties.

B. In full view of the facts stated in Gap evidence Nos. 4 through 7, the commission of document delivery to the Armed Forces of the court of first instance for the Armed Forces, the results of the order to submit documents to the Armed Forces Hospital and the entire purport of the pleadings, the plaintiff was diagnosed on June 16, 2008 at the Armed Forces Yangyang-si Hospital as "(profescing evidence)," and "the right-hand high-speed pipe, the right-hand pipe, and the whole purport of the pleadings."

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