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(영문) 서울행정법원 2019.02.08 2018구단73488
추가상이처인정 거부처분 취소청구의 소
Text

1. The Defendant’s rejection disposition against the Plaintiff on February 2, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On November 1, 2003, the Plaintiff is serving as Second Lieutenant in the Army and is serving in the military as Second Lieutenant.

On October 31, 2006, the discharge from active service was first discharged on the part of the First Lieutenant.

B. On July 5, 2005, the Plaintiff, while serving in the military, transported materials for training the reserve forces during the mobilization training.

Doz. Doz. Daz.

(hereinafter referred to as “instant accident”). C.

On January 7, 2014, the defendant decided that the escape from the post signboard No. 5 to the plaintiff was different from the post signboard No. 1, and it constitutes a requirement of military person, police officer, etc.

In the instant accident, the Plaintiff suffered not only the post signboard escape certificate No. 5-T. 1, but also the post signboard escape certificate No. 4-5 (hereinafter referred to as the “instant wounds”) among the pages. On June 27, 2017, the Plaintiff additionally filed an application for registration with the Defendant on June 27, 2017, but the instant difference occurred due to the Defendant’s performance of duties or education and training while serving in the military.

On February 2, 2018, on the grounds that it is difficult to recognize that the Plaintiff’s additional disposition of refusal to recognize the aggravation of its nature beyond the natural speed (hereinafter “instant disposition”) was issued against the Plaintiff.

【Fact-finding without dispute over the basis of recognition】 The evidence Nos. 1-1, 2, 3, 4, 5, each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff was judged as Grade 1 in a physical examination conducted before entering the military. 2) On December 6, 2005, when the Plaintiff was in military service, the Plaintiff was under the diagnosis of the “surgical signboard escape certificate No. 5-Tule No. 1” at the National Armed Forces Waterworks Hospital.

3) On June 21, 2006, the consultation and treatment record sheet (MRI) of the National Armed Forces Water Service Hospital stated to the effect that “The right-hand side No. 5 - 1 e.g., the ERI’s result of the surgery does not re-exploit after the surgery, and it is confirmed that the e.g., less than 4-5 e., the e., ERI’s hard disc expansion is confirmed. 4) On June 7, 2007, the Plaintiff was diagnosed as the e.g., the GRI’s e., the GRI’s e., the GRI’s e.

5. The plaintiff.

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