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(영문) 광주고등법원 2016.10.13 2016누3245
국가유공자 등 요건 비해당 결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Circumstances of each disposition of this case;

A. On January 27, 1989, the Plaintiff entered the Army and discharged the Plaintiff from active service on April 11, 1991.

On August 28, 1990, while serving in the military, the Plaintiff was given blood donation on August 28, 199. After the second and third weeks, the Plaintiff was notified by the Korean National Red Cross of the “PHHHHHHHHE Training” and was diagnosed with chronic virus B infection from the National Assembly members in Gwangju on March 193, 193.

B. The plaintiff's military service is "the injury of this case," which is different from liver (B-type hepatitis, blood coloring spawnosis), eye (mathical spawn), cerebral (spawn), brain (spathying, and dementia)."

On October 24, 2013, the defendant filed an application for registration of a person who has rendered distinguished services to the State.

C. On April 25, 2014, the Defendant is entitled to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State on the ground that there is no proximate causal relation between the instant wounds and the military service.

Article 4(1)6 of the former Veterans' Compensation Act (amended by Act No. 13608, Dec. 22, 2015; hereinafter referred to as the "former Veterans' Compensation Act") is a soldier or policeman wounded on duty and a person eligible for veteran's compensation under Article 4(1)6.

The "each disposition of this case" in Article 2 (1) (2) shall be referred to as "each disposition of this case".

[Reasons for Recognition] The facts that there is no dispute, and Gap evidence 1 to 5 (if there is a tentative number, including branch numbers).

hereinafter the same shall apply.

No. 1 and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s assertion 1 was healthy to the extent that he was judged on active duty in the first grade physical examination before entering the Plaintiff, and the Plaintiff’s mother and siblings have an resistance against hepatitis B, and there is no possibility of vertical infection infected with hepatitis B through her mother.

The plaintiff served as a medical soldier and provided nursing patients with severe duties, and knife today. During the process, the plaintiff is on hepatitis B.

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