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(영문) 부산지방법원 2019.11.13 2018구단1675
국가유공자 등 비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 16, 1974, the Plaintiff entered the Army, and discharged the Plaintiff from military service on March 31, 197 as “personal medical service.”

B. On March 29, 2010, the Plaintiff: (a) specified the Defendant as a person who rendered distinguished services to the State as the disabled; and (b) applied for registration, such as a person of distinguished services

On September 20, 2010, the defendant judged that there is no causal relationship between the plaintiff's performance of duty and the difference, and decided that it is not a requirement for persons of distinguished service.

C. On November 2, 2017, the Plaintiff: (a) specified the Defendant as “defluence, kidy, and engine expansion (hereinafter “the instant wound”) as a different part of disability; and (b) applied for registration as a person of distinguished services to the State, etc. again.

On March 30, 2018, the Defendant rendered a decision on non-existence of the requirements for persons who have rendered distinguished services to the State (hereinafter referred to as “preliminary disposition”) and a decision on non-conformity of the requirements for persons eligible for veteran’s compensation (hereinafter referred to as “preliminary disposition”), along with the “principal disposition” (hereinafter referred to as “instant disposition”). D.

On April 18, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but all of the aforementioned claims were dismissed on June 12, 2018, and was notified to the Plaintiff on July 2018.

[Ground of recognition] without any dispute, entry of Gap's 7 through 9, and Eul's 1 through 6

2. The legality of the instant disposition

A. The Plaintiff asserted that the Plaintiff was discharged from active service upon receiving a judgment of injury due to the outbreak and aggravation of illness caused by repeated training after entering the army, as determined at the time of the physical examination by Grade I to Grade III. The Plaintiff was determined at the time of the physical examination by Grade I to Grade III.

Therefore, the instant injury and disease occurred due to the poor military unit environment and excessive training after entering the army, or rapidly aggravated above the natural transitional speed, but the instant disposition was unlawful on different premise.

(b) as shown in the attached Form of the relevant statutes.

C. The details of medical treatment in the Plaintiff’s military forces and the Plaintiff discharged from active service are excessive on December 15, 1975.

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