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(영문) 대전지방법원 2015.05.08 2014구단316
국가유공자등록거부처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 22, 2010, the Plaintiff entered the Army Soldiers as B students, and discharged the Plaintiff from active service on April 4, 2012.

B. On September 10, 2012, the Plaintiff filed an application for registration of a person of distinguished service to the State on the ground of the Defendant’s right shoulder impairment.

C. On March 8, 2013, the Defendant issued a disposition rejecting the registration of persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “The instant disposition was confirmed to have been diagnosed and treated on the basis of relevant data, such as the beds and beds, but it is not recognized that there was a proximate causal relation with military duties because the special symptoms related to military duties or education and training have not been verified.”

The plaintiff's request for administrative appeal was dismissed by the Central Administrative Appeals Commission on December 3, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 1 to 3, Eul evidence 2 and 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On January 2012, the Plaintiff asserted that: (a) while making a farming tool at the end of the military unit’s physical training hours, the Plaintiff provided a simple medical treatment for the Plaintiff’s own right-hand shoulder; (b) and (c) went through, even after the Plaintiff’s simple medical treatment, the Plaintiff continued to undergo pain; and (d) during the leave on February 2012, 201, the Plaintiff received a physical treatment after receiving the medical treatment from the Bobs Hospital after having been given the medical treatment.

Since then, the Plaintiff’s return to the military unit and verbal report to the commander, but the Plaintiff’s assignment to the military unit was not open to the driver’s of the Presidential Decree, and on February 20, 2012, the Plaintiff removed the class installed on the vehicle.

A serious pain has been treated in the medical room in the department and the 3th military medical room on the right shoulder.

3 Military Medical Officers of the 3th Military Medical Service could naturally recover if they move to the extent of one month. The plaintiff reported this to the chief of the company, and the chief of the company reported it to the chief of the company. It is difficult for the chief of the company to transfer the assignment of the driver's disease to the successor and waiting in the office of internal affairs.

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