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(영문) 의정부지방법원 2013.11.25 2010구단687
국가유공자비해당결정처분취소
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 Army on March 2, 2009 and was discharged from military service on September 29, 2009.

B. On October 9, 2009, the Plaintiff asserted that he was disabled in “Iekne, knee, shoulder, salute, salute, and lue” due to the following reasons, and applied for the registration of a person of distinguished service to the State to the Defendant.

On April 2009, the Plaintiff was injured in the course of the movement of the training-related forces during the course of the training-related zone in the field training center, and subsequently, while conducting extra training and night training in the field, the Plaintiff was injured in the field of sele, knee, shoulder, shoulder, hurg, gras, and so on.

Even after the posting of self-defenses, the pains of the relevant father did not disappear and deepened, and as many parts who were scareing in the training center continued to do so in the process of performing tasks such as the Gu newsletter, training, etc., they eventually undergo a knee operation at the Seoul veterans hospital on June 2009 through the diagnosis and inspection of the Seoul veterans hospital and the National Armed Forces Chuncheon Hospital, and thereafter received knee operation at the National Armed Forces Chuncheon Hospital in eight months thereafter.

While the Plaintiff was discharged on September 29, 2009, the injury department, such as knenee, knee, shoulder, gnee, gale, and so on, is under treatment since it was not completely cured.

C. On February 5, 2010, the Defendant rendered a decision against the Plaintiff on the non-conformity of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”) for the following reasons.

1 원고는 병상일지상 2009. 3.말 훈련소 행군 중 양측 발목을 접질려 2009. 6. 17.'양측 족관절 만성 불안정성(브로스트롬 수술), 양측 족관절 비골 하부골 부골 절제술 ’로 치료받은 기록은 확인되나, ‘브로스트롬 수술’은 만성으로 진행된 경우 받는 수술이고, ‘비골하 부골’은 비골 아래 조그만 뼛조각이 생긴 것으로 외상으로 발생되는 질환이 아니라는 의학적 소견이 있고, 건강보험 조회 결과 입대 전 ‘발목의 염좌 및 긴장’ 급여 내역이 확인되고, 진료기록지상 ‘양측 족관절 통증 및 우측 족관절 비골 하...

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