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(영문) 부산지방법원 2013.11.08 2013구합261
국가유공자등 요건 비해당처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 23, 1994, the plaintiff was discharged from military service on July 12, 1995 when he was placed in the Second Class B of the Marine Corps and was discharged from military service.

On July 4, 2001, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground that a person who had rendered distinguished services to the State was suffering from stimulative disorder due to stimulities and stress of senior soldiers during military service, but was rejected on January 10, 20

On July 2, 2012, the Plaintiff filed an application for re-registration of a person who has rendered distinguished services to the Defendant on July 2, 2012, but the Defendant rendered a decision on December 10, 2012 on the ground that, although the Plaintiff received medical treatment for the foregoing wounds during military service, it is recognized that the Plaintiff was discharged from military service, but it is difficult to recognize the said wounds as being wounded during performing public service, it is difficult

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-2, Eul evidence 1-2, and Eul evidence 1-2 are legitimate, and the plaintiff asserted that the plaintiff suffered from appointed soldiers on the ground that he had an awareness of her wearing, and cannot be placed a vehicle as a transport disease, etc. Accordingly, a proximate causal relation between the two of this case and the military performance of official duties is recognized.

Facts of recognition

According to the results of Gap evidence 3-1, 2, Gap evidence 4-1 to 12, Gap evidence 6-1, Eul witness's testimony, Eul's witness's testimony, and the results of this court's request for the examination of medical records for the head of Dongo University Hospital, the following facts are recognized:

The same year when the Plaintiff frequently diversized the horses that had been locked at night from March 1995 to the other coercions.

4.3.The same month, when she closed the left in the middle-class interview with the superintendent of the police station, she reads "I do not suffer from a disease" and "I must hold an interview with the President" and shows the attack of interest.

4. The military waterworks hospital was hospitalized.

The plaintiff was hospitalized at the National Armed Forces Waterworks Hospital and the National Armed Forces Busan Hospital under the diagnosis of the Cholchopsy.

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