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(영문) 인천지방법원 2013.12.10 2009구단1119
전공상 일부 불인정처분 취소
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 January 6, 1975, the Plaintiff entered the Navy and discharged the Plaintiff from military service on May 15, 1976.

B. On June 27, 1975, the Plaintiff received training for the performance of special forest care at the Navy intelligence unit, and applied for registration of persons of distinguished service to the State on July 27, 2005, on the ground that he was sent back to the different body and discharged from military service at a military hospital after being hospitalized and treated at the military hospital.

C. On July 22, 2008, the Defendant recognized the instant wounds as public duties only, and made a disposition that does not recognize the remainder as a difference related to public duties (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, and 3

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was wounded in the instant case while undergoing a high strength training to perform special duties at the confidential unit B of the Navy B, and that he went to the military intelligence unit, but he was hospitalized in the National Armed Forces Capital Integration Hospital due to serious circumstances, and was discharged from the military service in the form of discharge in the name of another person.

Therefore, the instant disposition, which recognized only a part of the instant wounds related to official duties, should be revoked even though the instant difference was not related to official duties.

B. According to the statements in Gap evidence Nos. 2-1, 2, 3, and 6, the plaintiff was hospitalized in a water hospital on July 9, 1975 due to nuclear, cryposis, credit crypitis, cryposis, and cryposis, etc., and was diagnosed on December 20, 1975 (L5-S1) and was diagnosed on January 14, 1976.

However, the purport of Gap evidence Nos. 2-1, Eul evidence Nos. 3 and 6, and the overall purport of this Court's request for the examination of medical records to the head of a wood hospital affiliated with the university of Egratives is as follows.

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