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(영문) 대전지방법원 2014.09.05 2013구단1626
국가유공자등록거부처분취소
Text

1. The Defendant’s registration of a person who rendered distinguished services to the State on August 19, 2013 on the escape certificate of a protruding signboard to the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 24, 2010, the Plaintiff entered the Army as an enlisted soldier and discharged from military service on June 3, 2012.

B. On September 18, 2012, the Plaintiff filed an application for registration with the Defendant for registration of persons who rendered distinguished services to the State on the ground of the “savout signboard escape certificate (defluence), and the number of illness (defluence).”

C. On August 19, 2013, the Defendant issued a disposition rejecting the registration of persons who rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that “the application is not deemed to have caused or aggravated causal relation with the military performance of official duties” against the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 5 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had no physical injury at the time of entering the military, and was discharged from military service on the bridge by saving the bridge.

For the following reasons, there is a proximate causal relationship between the applicant and the military performance, and thus, the instant disposition was unlawful on a different premise.

1) On March 23, 2011, the Plaintiff: (a) was engaged in fishing using a towing 7 knife knife during the training of bomb; (b) caused a pain by suffering from an injury of placker; (c) on April 28, 2011, the RI disc reduction and the part of disc escape taken by B was not observed; (d) on May 13, 2011, the Plaintiff was subject to L4-5 square disc surgery and negotition; (e) on January 27, 2012, the KOyang Hospital installed a 25 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k knif.

On January 19, 201, the plaintiff has been seriously affected by the opposition, and at C Council members.

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