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(영문) 서울고등법원 2017.01.19 2016누63424
국가유공자 및 보훈보상대상자 요건 비해당결정처분 취소
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

Details of the disposition

On January 15, 2008, the Plaintiff entered the Army and was discharged from military service on December 9, 2009, and was discharged from military service upon maturity on December 9, 2009. On December 26, 2014, the Plaintiff applied for registration of persons of distinguished service to the Defendant for registration on the ground that there was an outbreak of, or aggravation of, an infection in military service.

On July 29, 2015, the Defendant issued a disposition of refusal to register a person who rendered distinguished services to the State and the registration of a person eligible for veteran’s compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that there is no proximate causal relation between the instant wounds and the performance of military service.

【In the absence of dispute, there is a proximate causal relation with the military service in light of the following facts: Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff asserted that the plaintiff was judged to be in Grade 1 on active duty in the physical examination before enlistment; although the plaintiff was treated on the part of the military enlistment, it was merely a simple salt field and was completely completely cured for entering the military; the plaintiff worked for a military truck, etc. as a type of driver's disease during military service; and the plaintiff performed his duty to maintain the vehicle, remove the miscellaneous removal, load loading, etc.

Therefore, the instant disposition taken on a different premise is unlawful.

Facts of recognition

On June 5, 2006, the Plaintiff was judged to be rank 1 on active duty in a physical examination for conscription, and served as a driver of a heavy-type vehicle, such as military truck after entering the military.

The details of treatment before and after entering the military of the Plaintiff related to the instant wound are as follows.

The details of the health insurance benefits shall be as follows: (a) the Korea Medical Service Center on April 26, 2005; (b) the National Medical Service Center on January 23, 2006; (c) other active infections; and (d) the Council members on February 14, 2006 to February 15, 2006; (b) the National Medical Service Center on September 26, 2006; (c) the KRW B on October 12, 2006; (d) the detailed leapitiss and dried-in infections; and (d) the raw materials on December 28, 2007 to December 30, 2007; and (e) the raw materials on January 4, 2008; and (e) the raw materials on May 25, 2008;

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