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(영문) 대전지방법원 2015.01.16 2012구단2127
국가유공자(공상군경)요건비해당처분취소
Text

1. The Defendant’s disposition that rendered against the Plaintiff on March 15, 2012 pertaining to the requirement of a person of distinguished service to the State shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2009, the Plaintiff was discharged from active service on June 30, 201, when he was appointed as a special military officer in the Army of 22 years old, and was discharged from active service on the mid-term date.

B. On August 2, 2011, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State on the ground that “protruding escape certificate L4-5” (hereinafter “proced dismissal”).

C. On March 15, 2012, the Defendant rendered a disposition against the Plaintiff on the ground that “No specific objective proof exists to verify the occurrence or aggravation of injury at the time of assembly education at the Standing Team on April 15, 2009,” and that it is difficult to recognize a proximate causal relation between the outbreak or aggravation of the application and the military duty as a resident officer residing outside barracks on May 9, 2009 (hereinafter “instant disposition”) on the records of “Illd Aldry Late”, and D’s medical records (e.g., May 30, 2009) on the grounds that “from May 30, 2009.” There is no specific objective proof to verify the occurrence or aggravation of the application, and there is no need to acknowledge a proximate causal relation between the outbreak or aggravation of the application and the military duty” (hereinafter “instant disposition of a person of distinguished services to the State”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff had a very good health condition, and completed the school group training without a higher level.

On March 1, 2009, the Plaintiff entered a public school located in the Jeonsung-gun, Jeonsung-gun after the officer officer, and received the education of the first class military team.

In the process, the plaintiff was trained for the establishment of assembly bridge that it is most difficult for the plaintiff as a volunteer officer around April 2009, and the training is to install bridge by transporting steel structures equivalent to 200 to 300km.

On June 17, 2009, the time when the Plaintiff received a serious shock against his/her status in the training course, and received an application for the examination by the National Armed Forces Pream Hospital around June 17, 2009.

The plaintiff is an applicant in the course of training for the establishment of assembly bridge.

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