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(영문) 대구지방법원 2016.01.22 2015구단351
국가유공자및보훈보상대상자비대상결정취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On September 18, 2007, the Plaintiff entered the Army and served in the 17th Assistant Soldiers’ Team while serving in the Army, and was discharged from military service on June 11, 2008.

B. The Plaintiff filed an application for registration with the Defendant on August 27, 2014, on the ground that the injury or disease (hereinafter “instant injury or disease”) of “Plag escape certificate L5-S1 (Ex Post Facto Recomcing)” occurred in the course of the Jindo and the military training in the military service (hereinafter “instant injury or disease”).

C. Accordingly, on November 28, 2014, the Defendant rendered a decision on the person who rendered distinguished services to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant injury and disease was not recognized to have been caused or aggravated due to the performance of military duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, Eul evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 척추에 별다른 문제없이 건강한 상태에서 입대하였는데, 자대 전입 후 2007. 11.경 진지공사 중에 모래자루를 들어 옮기면서 허리를 삐끗하였고, 2007. 12. 27. 무거운 군장을 메고 행군훈련을 하는 중에 허리와 다리에 심한 통증이 발생한 후 이 사건 상병으로 진단되어 수술을 받았다.

Therefore, there is a proximate causal link between the outbreak and aggravation of the injury and the performance of military duties of this case. Thus, the Defendant’s disposition of this case is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Fact 1) The Plaintiff had received hospital treatment on two occasions on April 12, 2006 and September 26, 2006, a transfer to the Military Admission, as the base for hospital treatment. 2) At the time of the physical examination for conscription before the military entrance, the Plaintiff was judged as Grade II, Grade II, Grade III, and Grade III, and was determined as normal in relation to the external surgery, such as the backboard escape from the military.

3) The records of medical treatment for outpatients located in the military waterworks hospital - the records of medical treatment for outpatients.

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