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(영문) 대전지방법원 2018.09.13 2017구단164
보훈보상대상자일부불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on January 11, 2005 and was discharged from military service on July 20, 2005.

B. On Apr. 5, 2016, the Plaintiff filed an application for re-registration with the Defendant on Apr. 5, 2016, alleging that “On Feb. 10, 2005, in the military service, the bridge was affected by the other party’s fall, and the bridge was followed by Huri, followed by heavy pain.” The Plaintiff applied for re-registration with the Defendant on Nov. 28, 2016, applying for registration of persons of distinguished service to the State on Nov. 28, 2016, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant applied for re-registration with the Defendant on Nov. 28, 2016, the lower court determined that the Plaintiff would be eligible for the veteran’s compensation with respect to the remaining application for the compensation of the injury, and that there was no proximate causal relation between the Plaintiff and the Plaintiff’s education and training program on Nov. 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 1-2, 1-3, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered active service with normal judgment, and the part of the physical examination for entering the army was included in the part of the outer part of the physical examination for entering the army. The instant disposition that held that proximate causal relation is not recognized, even if the instant difference was caused or aggravated beyond natural progress, while the Plaintiff was engaged in combat sports on December 10, 2005 after entering the army.

B. The following facts are acknowledged by adding the aforementioned evidence, the evidence, Gap evidence Nos. 3, 4, and 5, Eul evidence Nos. 2, 3-1 through 4, and the purport of this Court's request for the examination of medical records to the chief of the Korean Association of Medical Doctors.

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