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(영문) 대전지방법원 2015.02.27 2014구단842
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 15, 1970, the Plaintiff entered the Army and discharged from military service on October 31, 1971.

B. On September 25, 1995, the Plaintiff filed an application for registration with the Defendant for registration on the ground of “sulveal chilling” to the Defendant.

C. On October 11, 1995, the Board of Patriots and Veterans deliberated and resolved that a soldier or policeman wounded on duty falls under the requirements for soldier or policeman wounded on duty, and the defendant rendered an extra decision after undergoing a new physical examination on November 27, 1995.

On January 10, 200, the Plaintiff applied for registration to the Defendant for a re-verification physical examination. On February 24, 2000, the Defendant rendered a non-verification physical examination and rendered a judgment.

E. On May 31, 2013, the Plaintiff filed an application for registration to the Defendant for a re-verification physical examination.

F. On May 7, 2014, the Defendant confirmed that the Plaintiff was diagnosed and treated in both sides of the military hospital due to symptoms of the applicant's entry into the military base for at least four months, but it did not have any special symptoms in the eye of the military hospital. However, in the case of the patient's entrance into the military, the Defendant did not confirm specific, objective, medical, and proof data to confirm that the proximate causal relation with the military performance of official duty was created and aggravated, except for the “abstinence during the leave period” or “abstinence during the military duty,” and it is difficult to find a proximate causal relation with the military official duty solely on the ground that the disease occurred during the military service. On the other hand, there is no objective circumstance to deem that the diagnosis and treatment of the disease was delayed due to the delay in performing military service and that the disease was rapidly aggravated above the natural progress, considering the content of the specialized medical information on the disease as well as the probability that the disease was caused due to various causes other than the military service.”

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