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(영문) 부산지방법원 2017.04.26 2015구단21227
국가유공자요건비해당결정취소
Text

The Defendant’s disposition that rendered against the Plaintiff on May 7, 2015 is revoked.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. On October 30, 1972, the Plaintiff entered the Air Force on October 31, 1975, and was discharged from active service with the maturity of October 31, 1975, the Plaintiff had headed within the military unit on December 17, 1972, and was in a food room. After food recovery, the Plaintiff was under medical treatment due to the occurrence of paralysis not on the right side after food recovery.

B. The Defendant’s injury to the Defendant’s non-applicable decision on November 12, 2012 (hereinafter “instant Disposition 1”): The injury to the Defendant is recognized as having received hospitalized treatment due to symptoms of samalibin in the military service, but the injury is minor in light of the fact that the Plaintiff was discharged from military service, and the injury was discharged for a long time after the injury, the causal relationship between the applicant and the wounded military service should not be acknowledged in light of the fact that the Plaintiff was discharged from military service.

C. Administrative litigation against the disposition No. 1 of this case (hereinafter “former Administrative Litigation”), Busan District Court (hereinafter “Seoul District Court Decision 2012Guhap6347, Oct. 18, 2013): The plaintiff winning the judgment of the court: ① the plaintiff appears to have shown symptoms of maliba in the process of military life, following the loss of food and the spread of maliba on the basis of maliba; ② the plaintiff was hospitalized for a short period of about nine months, and the plaintiff was hospitalized for a short period of time; ③ the degree of injury of the plaintiff could not be easily determined in light of the treatment period; ③ even if the plaintiff was discharged after the discharge from the National Armed Forces Daejeon Hospital, it appears that maliba continued not to have been completely cured; ④ the plaintiff could not completely recover even after the discharge from military service, considering the characteristics of Maliba on the remaining maliba due to the characteristics of the remaining Maliba, etc.

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