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(영문) 대전지방법원 2017.07.18 2015구단101179
재해부상군경요건일부인정결정취소
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 on January 22, 2007 and was discharged from active service on January 2, 2009.

B. On January 30, 2009, the Plaintiff received surgery and treatment by being judged as a disc as a result of CT photographing while serving as a general oil supply disease for the 21st demand team, and applied for registration of a person who rendered distinguished service to the State on August 5, 2009 (No. 155th of 2009) by recognizing “protruding escape certificate (L4-5, L5-S1)” in the 2009 Board of Patriots and Veterans Entitlement (No. 155th of 2009) as an official duty injury, and was determined as an applicable requirement under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, but was determined as below each grade in a new physical examination, physical examination, and re-verification physical examination for the determination of disability rating.

C. On May 12, 2015, the Plaintiff filed an application for re-registration of a person of distinguished service to the State on the ground that “I am scardly scarshly scarshly operated after the expulsion, and operated again.”

On September 21, 2015, the Board of Patriots and Veterans Entitlement deliberated and resolved on September 21, 2015, “In light of the fact that: (a) as a result of medical advice, a disc protruding is confirmed to the right-hand side of L5-S1 under L5-S1; (b) an operation was performed on September 2008, which is one year and eight months after entering the bar; (c) it is recognized as a difference in official duties as prescribed by the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “ Patriots and Veterans Compensation Act”); and (d) it is confirmed as a L4-5 expansion opinion; and (e) special treatment measures, such as surgery, are not verified; and (e) considering the fact that it is a typical chronic disease and most of daily life obstacles, it does not constitute the requirements for a military person as prescribed by the Patriots and Veterans Compensation Act.”

E. On October 13, 2015, the Defendant: (a) recognized the Plaintiff as a soldier, police officer, and police officer only for “protruding escape certificate L5-S1”; and (b) did not recognize “protruding escape certificate L4-5” as a soldier, police officer, and police officer and police officer different from the requirements.

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