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(영문) 광주고등법원 2016.04.07 2015누6810
국가유공자요건비해당결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the instant disposition

A. On June 26, 1969, the Plaintiff entered the Army, and was discharged from the Republic of Korea on May 26, 1972.

B. On October 28, 2008, the Plaintiff was diagnosed as “the occurrence of negoal disorder on the part of the part in charge of brain hearing from the Cheongchine cell of the Bochine Machina,” and on November 5, 2008, the Plaintiff filed an application for the registration of a person of distinguished service to the State on the ground that “the exposure to the negoical negoism and the name of the person of distinguished service to the State was abnormal,” on the ground that “the occurrence of abnormal exposure to the negos or the name of the person of distinguished service to the State was caused by exposure to the negos from the negopathy cell of the bilateral Machina,” but the Veterans Council did not make a decision on the relevant specific and objective verification requirement that the person of distinguished service to the State could be verified in relation to military duties incurred on February 4, 2009,” and the Defendant did not make a decision on the relevant requirements that the person of distinguished service to the State.”

C. On March 20, 2014, the Plaintiff was dispatched to Vietnam on April 20, 1970 and was on the same year.

5. On 24. 26. Written order issued by the FO of the FO on 26th 26th 10 large units, exposure was made to the shot sound of hydrocheon shots until they return to the Republic of Korea in 1971, resulting in a defect in hearing;

On the ground that “ear” (hereinafter “the instant wound”) was different from the application, and applied for re-registration of a person who rendered distinguished services to the State. D. The Board of Patriots and Veterans Entitlement deliberated and decided on July 21, 2014 on the ground that there is no proximate causal relation between the instant wound and the military performance claimed by the Plaintiff, and thus constitutes “requirements for Persons Eligible for Veteran’s Compensation.” Accordingly, on July 30, 2014, the Defendant rendered the instant disposition against the Plaintiff, hereinafter “the instant disposition”).

A. [In the absence of a dispute over the grounds for recognition, the entries in Gap's 1, 3, 4, Eul's 1 to 4, and 7 to 9, and the purport of the whole pleadings.

2. The case.

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