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(영문) 대전고등법원 2015.04.02 2014누11746
국가유공자등록거부처분취소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On August 24, 2010, the Plaintiff entered the Army as an enlisted soldier and discharged from military service on June 3, 2012.

B. On September 18, 2012, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State on the ground of the “sagradg escape certificate (defluence certificate) and the “sagrady disability (defluence)” (hereinafter “application different”).

C. On August 19, 2013, the Defendant issued a disposition rejecting the registration of persons of distinguished service to the State (hereinafter “instant disposition”) against the Plaintiff on the ground that “the applicant is not deemed to have caused or aggravated proximate causal relation with the military performance of official duties” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was discharged from military service upon the completion of military service, even though there was no physical injury at the time of entering the military.

As follows, the difference of application was suffered due to the performance of military duties, and there is a proximate causal relationship between the difference of application and the performance of military duties, so the instant disposition on a different premise is unlawful.

(1) On March 23, 2011, the Plaintiff was performing the operation using 7 ton sprink of towing guns during the training of bombs, and there was a pain by suffering from the injury of spacks. On April 28, 2011, even though the MRI disc reduction and the part of the disc escape escape performed at B Hospital was not observed on May 13, 2011, the Plaintiff was under L4-5 to undergo a light disc surgery and galeculation surgery at the Armed Forces Hospital of the Armed Forces of the Republic of Korea. On January 27, 2012, the symptoms of 25 km out of the parallel 40 km-gun-gun Woo, which was taken from B Hospital on April 29, 2012.

(2) On January 4, 201, the Plaintiff was unable to carry out a cleaning agent who installed a stude in outdoor and provided a guidance training on the night 4,00,000 in the early 201.

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