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(영문) 부산지방법원 2013.10.18 2012구합6347
국가유공자비해당결정처분취소
Text

1. The Defendant’s decision on November 12, 2012 that rendered against the Plaintiff was revoked.

2...

Reasons

Details of the disposition

On October 30, 1972, the Plaintiff entered the Air Force with the maturity of October 31, 1975.

On June 1, 2012, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with the injury of paralysis and chest as a wound to the Defendant. However, on November 12, 2012, the Defendant rendered a decision on the non-conformity of the requirements for a person who rendered distinguished services to the State on the ground that it is difficult to recognize proximate causal relation between the Plaintiff’s injury and the Gun’s performance of official duties, in view of the fact that the Plaintiff received hospitalized treatment due to the symptoms of malab in the military service, but considering the fact that the Plaintiff was discharged from the military due, the injury appears to

[Grounds for recognition] The plaintiff's assertion as to the legitimacy of the dispositions stated in Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 1-2, and Eul evidence 1, 2, and 4 as to the legitimacy of the dispositions in this case was treated from the appointed soldiers during military service due to the symptoms of samafa, and the symptoms continued after discharge. Thus, the plaintiff's judgment of this case was unlawful on the opposite premise, despite the fact that proximate causal relation between the plaintiff's wounds and the military performance of official duty is recognized.

Facts of recognition

The following facts are acknowledged in light of the above evidence evidence Nos. 3, 4, 6, 7, 8, and evidence Nos. 9-1, 2, 10-1 through 4, and 3 of the evidence Nos. 10, and the result of the court’s entrustment of the examination of medical records to the head of the High School Uniform Hospital at the High School.

On December 22, 2010, the Air Force Chief of Staff stated that "a confirmation letter of fact contains "a self-help meeting, personnel records, medical records, etc." on December 27, 1972 that the plaintiff was in a room for food and clothing after the head was faced with his/her head in the military unit, and that on December 22, 1972, the plaintiff was hospitalized in the Armed Forces Daejeon Hospital on December 22, 1972 and continued to provide preserved treatment. On August 28, 1973, the plaintiff discharged him/her from the military service in the state (including the state of pain and influence) where he/she was in the front condition of friendly paralysis (the state of pain and influence).

Plaintiff

The Air Force Technical Education Group, which is a subordinate unit.

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