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(영문) 서울행정법원 2013.08.23 2013구단683
국가유공자요건비해당결정처분취소
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 1, 1950, the Plaintiff entered the Air Force and was discharged from active service on April 30, 1951. On October 23, 1950, the Plaintiff was placed in a new air airfield near the riwon on October 29, 1950 and worked at night at night at night on the beginning of the first day on October 29, 1950. On September 28, 201, the Plaintiff applied for registration of a person of distinguished service to the Defendant on September 28, 201, on the ground that he was diagnosed of the “cuage cuage” (hereinafter “the instant wounds”).

B. On April 2, 2012, the Defendant: (a) rendered the instant decision on the eligibility of persons of distinguished service to the State (hereinafter “instant disposition”); and (b) notified the Plaintiff of the instant decision on April 2, 2012, on the ground that there was no specific and objective evidence proving that the instant difference occurred due to the considerable excess

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered the Plaintiff in a healthy state, and continued to work at night in a tension with the enemy.

In the event of the poor spread in wartime, the immunity was reduced and the injury of this case occurred.

These circumstances are acknowledged by the evidence submitted by the plaintiff, such as the statement of the volunteer soldier working together at the time.

Therefore, even if there is a proximate causal relationship between the instant difference and the Plaintiff’s performance of official duties, the instant disposition was unlawful on a different premise.

B. 1) The Plaintiff entered on October 1, 1950 and was discharged from military service on April 30, 1951. 2) The resident list in the Air Force owned by the Plaintiff is recorded as being hospitalized in the Air Force Hospital from November 15, 1950 to January 20, 1951.

3 전역 후 의무기록 ㈎ 1987. 8. 23.부터 1987. 8. 29.까지 B병원 진단명 : 기관지염, 유행성 각막결막염, 만성 전립샘염 퇴원상태 : 회복 현증 : 상기 54세 남자 환자는 평소 비교적 건강한 상태였으나, 일주일...

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