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(영문) 광주고등법원 2014.11.20 2014누228
국가유공자비해당결정처분취소
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 disposition;

A. On November 23, 1981, the Plaintiff entered the Army and was on duty from March 25, 1982 to 7095 unit (the 966 unit unit) 201 unit, and was on duty as a driver, the Plaintiff was on the 106 Field Hospital in the Army, the 57 unit, the 5th unit hospital in the Army, and the Maritime Integration Hospital in the Armed Forces (hereinafter “the instant injury and disease”). On June 20, 1983, the Plaintiff was on duty at the 106 Field Hospital in the Army, the 5th class, the 5th class hospital in the Army, and the Maritime Integration Hospital in the Armed Forces.

B. On Aug. 7, 2006, the Plaintiff asserted that “A person who was undergoing genetic training on Dec. 14, 1982 was injured on the Dog and on the bridge” and applied for registration of a person who rendered distinguished services to the State. On Nov. 2, 2006, the Board of Patriots and Veterans Entitlement deliberated and resolved on August 7, 2006 on the ground that “A person who was injured by the injury of the injury of the injury of the injury of the instant case is confirmed to have been injured on the ice in the course of genetic training.” However, on December 14, 2006, the Plaintiff was judged to have failed to meet the new rating criteria in a physical examination on the disability rating classification on December 14, 2006.

C. Accordingly, the Plaintiff applied for a physical examination for reexamination with respect to the instant injury and disease, but was judged below the grade standard on February 22, 2007, and was judged below the grade standard on April 28, 2009 and on June 24, 2010, respectively, in a physical examination for reexamination conducted twice on June 28, 2010.

On the other hand, around February 14, 2007, the Plaintiff filed an application for recognition of additional injury in relation to the loss of the 4th century (hereinafter “instant additional injury”). However, on May 22, 2007, the Board of Patriots and Veterans Entitlement deliberated on May 22, 2007 that the said additional injury or disease was not recognized as an official injury.

E. On June 25, 2012, the Plaintiff’s statement of the developments leading up to the instant additional wound (Evidence No. 4) prepared by the Plaintiff was indicated as “Article 4 and 5 vertebrate fl,” but the Plaintiff’s statement of the instant disposition (Evidence No. 1) is indicated as “Article 4 and 5 vertebrate fl,” instead of “Article 5 flives of the 5 vertebl. fl.e., the instant statement of the disposition (Evidence No. 1).”

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