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(영문) 수원지방법원 2014.08.22 2013구단5016
상이처 일부인정 거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. The plaintiff was discharged from active service on October 1, 1997 by subrogation on September 30, 2002.

B. On December 28, 2005, the Plaintiff: (a) filed an application for registration of a person of distinguished service to the Defendant for the reason that there was an occurrence of a “contincing name,” while serving in the military; and (b) was recognized as a person of distinguished service to the Defendant as an official wound; and (c) was determined as falling short of the grade standard upon conducting a new physical examination on December

C. The Plaintiff again filed an application for registration with the Defendant on June 12, 2012, and the Defendant recognized that “the name of the two sides” on September 28, 2012 was a wound and recognized as a wound and did not recognize that “the noise noise in the both sides” was a wound related to official duties.

Accordingly, on October 17, 2012, the Plaintiff filed an application for reexamination with the Defendant. On December 17, 2012, the Defendant rendered a refusal to recognize part of the different points of interest (hereinafter “instant disposition”) on the ground that “The “Seong- and the right-hand noise noise in the two sides” is recognized as an official wound, but “The Seong-gu Office” (hereinafter “the instant difference”) does not recognize the difference arising during military performance.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 3 (including Serial number), the whole purport of pleading

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff conducted various shooting training and control, electric shock shooting, personal shooting, etc. in the previous vehicle units after the 1999, and that he was diagnosed on April 6, 2001 that the National Armed Forces Cuk Hospital was "Seong and both sides of the noise noise" at the National Armed Forces Cuk-gu Hospital. According to the medical records (as of September 3, 2001, 201) with B, the average vision value is 25dB and 30.8dB on the left-hand left-hand side, while the normal person is 4kHz from 4kH to 15dB on the left-hand side in the case of the plaintiff, it constitutes noise noise in the left-hand side as well as noise in the military, even though it was caused by the performance of official duties.

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