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(영문) 광주지방법원 2016.06.09 2015구단489 (1)
국가유공자및보훈대상자 요건 비해당 결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On October 15, 1986, the Plaintiff entered the Gun and was discharged from military service on January 26, 1989, and was discharged from military service on November 3, 2014, filed an application for registration with a person of distinguished service to the State, alleging that he/she sustained an injury to the Defendant during military service training, knee and sustained the right knee during military service, and that he/she sustained an injury to the Defendant “Woo-dong-dong, Non-Sengng-dong, Non-Seng-dong, Non-Seng-

B. On April 1, 2015, the Defendant rendered a non-specific decision on the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that there was no record to verify the circumstances of injury related to the performance of military duties, and that the possibility of military personnel relocation to the Republic of Korea cannot be ruled out.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff suffered from the injury of this case in excess of the level of natural progress due to the military's performance of duties or training, etc. even if the injury of this case was caused by the injury of this case, which was caused by the death of this case in excess of the level of injury against the person who rendered distinguished services to the State on April 1987, and due to the failure to properly treat in a military hospital, it was performed at a private hospital, but did not completely recover from the injury of this case. Thus, since the injury of this case occurred during the physical activities in the military unit, the injury of this case was caused by the injury of this case in excess of the level of natural progress, the disposition of this case which decided that the person who received distinguished services to the State or the person who received distinguished services to the State

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

(c) Recognizing the facts of recognition (i.e., medical records of Jeonnam University Hospital on April 12, 1986, - Address: the right-free unstable and side - occurrence: on April 10, 1986 - From the gire Do, the history of past history - In the gire Do, - Sinee - Sinee - Sinee - Sinee - Sinee knee - knee kne - the right-hand Skne kne kne :

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