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(영문) 서울행정법원 2017.09.14 2016구단12519
국가유공자등록거부처분등취소
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 8, 2013, the Plaintiff was discharged from active service on October 11, 2014 after having entered the Army as B students.

나. 원고는 2015. 1. 19. 피고에게 “신병교육대 입소 후 응급환자 이송훈련법 교육 당시 ‘업기법’을 실습하는 도중 허리가 삐끗하는 느낌과 동시에 요추에 통증을 느꼈고, 그 후 계속된 훈련으로 ‘제5요추-제1천추간 추간판탈출증(이하 ‘이 사건 상이’라 한다)’이 발병하였다”고 주장하며 국가유공자 등록신청을 하였다.

C. On July 7, 2015, the Defendant rendered a decision on the requirements for persons who have rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff did not have any external trauma in relation to public duties, and is confirmed to have retired from military service, and the instant wounds are not considered to have been caused by acuteity or to have deteriorated at a natural progress rate as a direct cause for the performance of military duties or education and training.”

The plaintiff appealed against the disposition of this case and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1, 2, and 3 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that there had been no special disease related to the Heung-ri department before entering the military. After being shocked by the training team for the first time during the training program for emergency patients, the pain began in the Heung-ri part. After being placed in the training team for the first time during the training program for emergency patients, and the repeated training of approximately 10 km after being placed in the training team for the first time during the training program for the first time after being placed in the training team for the first time. As such, the injury in the instant case was rapidly aggravated due to the education and training for the performance of military duties.

I would like to say.

Nevertheless, the defendant's disposition of this case on different premise is unlawful.

(b) related;

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