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(영문) 서울행정법원 2016.09.02 2014구단50111
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 April 22, 2006, the Plaintiff was discharged from military service on May 31, 2008, when serving as the Army Officers.

B. On August 2006, at the physical fitness center, there was a pain on the left-hand shoulder during the physical fitness, and on January 11, 2008, the Plaintiff was diagnosed as a plebal chloriology (e.g., e., e., e., e., e., e., e., e., e., e.,

C. On June 3, 2013, the Plaintiff applied for registration of a person who has rendered distinguished service to the Defendant on the ground that it is difficult to recognize that the Plaintiff’s wound was in the course of performing duties or education and training directly related to national security, etc. on October 17, 2013, and that it cannot be recognized that other duties or education and training have been caused, and that the Plaintiff’s wound does not meet all the requirements for persons who have rendered distinguished service to the State and persons eligible for veteran’s compensation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there was no more than anything on the shoulder before entering the military forces, which was conducted basic military training from February 2006, and the physical training in the physical training center was conducted in August 2006, and there was a pain on the shoulder while serving as a military doctor. From March 16, 2007 to December 13, 207, the disease of the shoulder was aggravated while serving as a military officer.

Although the difference between the plaintiff and the plaintiff exists a proximate causal relation with his duty or education and training, the defendant's disposition based on the different premise is unlawful.

B. 1) The plaintiff completed basic military training from February 2006 to was appointed as the military officer on April 22, 2006. 2) The plaintiff served as the head of the duty team for the BJ and served as the head of the duty team for the BJ after she was in charge of the BJ. On August 2006, 2006, the plaintiff satisfying the physical training at the physical training center and satisfyed the pain and satisfyed the pain.

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