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(영문) 인천지방법원 2017.05.16 2016구단50515
국가유공자요건비해당결정취소
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. The Plaintiff entered the military on August 8, 2006 and was discharged from military service on July 27, 2008. On November 20, 2014, the Plaintiff filed an application for registration with the Defendant for registration of distinguished services to the State (hereinafter “instant application for registration”) by asserting that “The Defendant, on August 19, 2006, received a new disease education at the New Disease Education Team, he/she applied for registration of distinguished services to the State (hereinafter “the instant application for registration”) by asserting that “the instant case occurred on the part of the inner part while he/she was receiving a new disease education.”

B. On April 30, 2015, the Defendant rendered a decision on the Plaintiff’s failure to recognize a proximate causal relationship between the Hear viral virus infection and the military performance of official duties (hereinafter “instant disposition”) on the grounds that it is difficult to recognize the proximate causal relationship between the requirements for persons of distinguished services to the State and the persons ineligible for veterans (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an appeal with the Central Administrative Appeals Commission, but was dismissed on January 12, 2016.

[Ground of recognition] Facts without dispute, Gap's 2, 4 evidence, Eul's 1 to 5 evidence (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was judged as normal in a physical examination before or at the time of enlistment, and that he was diagnosed as having been diagnosed as the Hex virus infection on October 2, 2006 at the New Disease Education Team for the first time, and received the same disease four times during the military service period. The plaintiff's infection occurred due to exposure to a non-sanitary environment, etc. at the New Disease Education Team or existing disease.

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