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(영문) 인천지방법원 2019.12.17 2019구단1149
국가유공자등록거부처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On March 15, 1977, the Plaintiff entered the Army and was appointed as a special power plant on September 3, 197 as the special power plant commander, and was discharged from military service on October 31, 1981.

B. On June 10, 2009, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State for “Huuri, New Tuberculosis, and Maternal urology infection,” but on November 24, 2009, the Plaintiff received a disposition equivalent to the amount of distinguished services to the State from the Defendant, and filed an administrative litigation with this court as 2010Gudan82.

On December 9, 2010, the Court rendered a judgment dismissing the Plaintiff’s claim on the grounds that the part of “new tuberculosis” does not exist as a disease, and that there is no evidence to deem that there is no symptoms of urology and urine, and there is no other difference related to urology, etc., and that the said judgment became final and conclusive around that time.

C. On March 22, 2011, the Plaintiff filed an application for registration with respect to “hurri, new tuberculosis, and primary mal hemosis,” respectively, on February 6, 2015, for registration of “hurri, chronic renal failure, and vailitis,” but both were subject to the disposition corresponding to the expense of persons who rendered distinguished services to the State.

On October 19, 2015, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State with respect to “satisfying, kidne tuberculosis, disks, satisfying, and vailitis”. However, on September 8, 2016, the Plaintiff received the Defendant’s non-applicable disposition from the Defendant as a person eligible for distinguished services

After the administrative appeal, this court filed an administrative litigation with 2017Gudan258.

On September 26, 2017, this Court rendered a judgment dismissing the Plaintiff’s claim on the grounds that “the foregoing judgment was insufficient to recognize that the injury caused by the performance of official duties and caused the injury to the military, or that the injury was rapidly aggravated due to the natural progress,” and the said judgment was dismissed (Seoul High Court 2017Nu73886) and the final appeal (Supreme Court 2018Du35438) and became final and conclusive on April 17, 2018.

E. On February 18, 2019, the Plaintiff, at night, is even and side shocked during the mountain river training at night.

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