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(영문) 수원지방법원 2015.08.28 2014구단30521
국가유공자 등록거부처분 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 disposition;

A. On May 14, 2012, the Plaintiff entered the Army and was discharged from military service on September 26, 2013.

B. On November 18, 2013, the Plaintiff filed an application for registration of a person of distinguished service to the State, alleging that he/she was suffering or aggravated in invertebrate (hereinafter “instant award”) due to education and training or performance of his/her duties during military service.

C. On March 14, 2014, the Defendant rendered the instant disposition that rendered a decision on whether the instant wounds constitute the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation and notified the Plaintiff thereof on the ground that there is no proximate causal relation with the military performance of official duties.

[Reasons for Recognition] Entry of No. 3 and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had been working as an exchange-related soldier after entering the hospital, and had a serious pain during the snow removal work on December 2012, 2012, while sending 1050 king 10 to the early king 1050 was on the spot, but the military hospital was believed to have no problem on the bluri, and was determined to have the brate disc medicine, but was diagnosed to have the results of the medical examination and treatment of the private hospital at the time of the regular leave on March 2013.

The plaintiff entered a stage after his return to his ownhouse and received continuous rehabilitation treatment, and the plaintiff repeated the mountain during his physical treatment and took part in the snow removal work and training without any heat so that he can cope with the same amount of work as other sick soldiers.

As such, the disposition of this case which the Plaintiff did not recognize is unlawful, even though it was deemed that the Plaintiff developed or aggravated dyebrates due to excessive education and training or performance of duties overlap.

(b) It includes diseases in the course of performing duties or education and training referred to in Article 4 (1) 6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2 (1) 2 of the Act on Support for Persons Eligible

“A soldier, etc.”.

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