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(영문) 대구고등법원 2016.05.27 2015누7150
추가상이 처 인정거부 처분 취소
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. Details of the disposition;

A. On July 31, 1982, the Plaintiff entered the Army and received new soldiers’ education and training, and on August 10, 1982, the Plaintiff was shocked by shocking the reciting part on the opening of M 16 small guns on August 10, 1982 (hereinafter “instant accident”).

B. After that, on September 16, 1982, the Plaintiff was under the diagnosis of "high-stop fever and stoposis infection" by the Daegu Integrated Hospital. As a result of the organizational examination of the left-hand stopitis, the Plaintiff diagnosed tuberculosis as "non-stopitis stopitis stopitis s to the left-hand." As a result of the diagnostic examination of the stopitis s to the right-hand stopitis, tuberculosis was found to have been under the diagnosis of "high-stoposis s to the right-hand stoposis" on November 9, 1982, and discharged from active service on January 17, 1983.

C. On October 6, 2008, the Plaintiff filed an application for registration with the Defendant for registration of a person who rendered distinguished services to the State on the ground of the instant accident. However, on February 19, 2009, the Defendant notified the Plaintiff of the determination on the non-conformity of the requirements for a person who rendered distinguished services to the State.

Accordingly, the Plaintiff filed a lawsuit against the Defendant on the claim for revocation of the disposition of refusal of distinguished service to the State against the Daegu District Court 2010Gudan561, and the said judgment became final and conclusive. Accordingly, the Defendant recognized the Defendant as having suffered from an injury in the course of performing official duties the “definite chronty on the left side (excluding tuberculosis)” as a soldier or policeman on duty, and accordingly registered as a soldier or policeman on duty on March 24, 201.

E. On November 17, 201, the Plaintiff filed an application with the Defendant for recognition as an additional prize of “the loss of reproductive technology, accounts, and right-hand reproductive technology due to acute tuberculosis,” but on March 14, 2012, the Plaintiff was notified by the Defendant of the non-applicable decision, and on January 23, 2013, filed an application for recognition as an additional prize of “the misunderstanding and non-performance of a non-regular person’s certificate,” but on June 18, 2013, filed an application with the Defendant for recognition as an additional prize.

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