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(영문) 수원지방법원 2015.10.23 2013구단80
국가유공자비해당결정취소
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 October 5, 1984, the Plaintiff entered the Army and was discharged from military service on April 2, 1987. From April 2, 1985 to October 10, 1987, the Plaintiff asserted that there was an arbitrative training in relation to the shooting contest, and that there was an arbitrative son due to arbitrative ar.e., the Plaintiff applied for registration of a person of distinguished service to the State on February 26, 2010.

B. On June 25, 2010, the Defendant rendered a non-conformity of the requirements for persons who rendered distinguished services to the State on the ground that the proximate causal relation between the instant wounds and the military performance of official duties is not recognized. However, in the administrative litigation instituted by the Plaintiff by means of shooting training, etc., the Plaintiff was presumed to have been exposed to long time firearms noise due to shooting training, etc., and the judgment was rendered to the effect that proximate causal relation between the instant wounds is recognized between the military performance of official duties, and the Defendant’s appeal was dismissed, and the said judgment became final and conclusive.

Accordingly, on October 29, 2012, the Defendant rendered a decision that constitutes the requirements for persons who rendered distinguished services to the State against the Plaintiff’s instant wounds.

C. Next, the Plaintiff received a new physical examination on November 27, 2012, and the Defendant is the Defendant on December 4, 2012, Article 8-3 [Attachment Table 4] of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished

2.(a)

According to the criteria for the determination of the applicable grade with respect to your disability, the plaintiff's physical examination conducted the disposition of this case against the plaintiff on the ground that the plaintiff did not meet the criteria for the determination of the applicable grade with respect to his disability, "The name of the plaintiff shall be equal to or greater than three times in the name test (tinnitoglem) and shall be accompanied by a string with not less than 50 cc (dB) in the air level of the air level of not less than 50 cc (2107)."

[Reasons for Recognition] A.

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