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(영문) 광주지방법원 2017.11.16 2016구단10216
국가유공자요건비해당결정취소
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 disposition;

A. On May 25, 1951, the Plaintiff entered the Army and was discharged from military service on February 16, 1952.

B. On June 30, 2014, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the State by alleging that he/she suffered damage (defluence damage, hereinafter “damage”) during military service, and on March 5, 2015, the Defendant rendered a decision that he/she does not meet the requirements for persons who have rendered distinguished service to the State or persons eligible for veteran’s compensation on the ground that military records or medical data that he/she could find that he/she suffered injury in the instant case

(hereinafter “instant disposition”). C.

The Plaintiff appealed and filed an administrative appeal on June 4, 2015, but the claim was dismissed on November 20, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On May 23, 1951, the plaintiff asserted that the plaintiff suffered from wounds, such as a scarcity, after being trained at the First Army Training Center located in Jeju-do. The same year

9. On the 28th day of Busan Army transferred to the 15th day of Busan Army, and received treatment on the end of seven months, but did not recover from the hospital, and the disease was discharged from active service and developed into chronic closed diseases due to the failure to recover. Therefore, there is a proximate causal relation between the military's performance of duties and the instant difference, but the instant disposition that did not recognize it on a different premise is unlawful.

(b) Fact-related fact-related statement 1) Name of a first-class disease (FF): Name of a first-class disease (Scare damage): Name of a first-class disease (Scare damage): Name of a first-class disease on September 29, 1951; Name of a first-class patient on September 29, 1951; Name of a second-class patient at a military hospital on September 29, 1951; Name of a second-class patient at a military hospital on July 27, 1951; Jeju-do; and that of hospitalization and discharge on July 28, 1951; Name of a second-class disease on February 16, 1952 (138 days): Masle-class disease for four years:

5.23.Wronon.

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