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(영문) 부산지방법원 2015.01.09 2014나42858
보상금
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. Basic facts

A. A. Around July 1977, the Plaintiff was discharged from military service on August 2, 1977, 1977, after he felled in the way that he was under night mountain chilling training in the scare-gun of Gosung-gun, and received medical treatment by suffering from injury to the knee, knee, kne, and kne part, etc. (hereinafter “instant accident”).

B. On February 7, 2003, the Plaintiff filed an application for registration with the Minister of Patriots and Veterans Affairs under the name of the applicant soldier, claiming that “the instant accident was caused by the wound of the pelle fever and damage to the pelle on the right side,” and applied for registration with the name of the person who has rendered distinguished services to the State. In relation to the performance of military duties as a result of the deliberation of the Board of Patriots and Veterans, the Plaintiff was deemed to have suffered the above wound in relation to the performance of military duties, and was determined as a soldier or policeman on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the

C. After that, on December 24, 2008, the Plaintiff filed an application for an additional prize with the Administrator of the Busan Regional Veterans Administration by asserting that there was a proximate causal relation with the instant accident. On July 20, 2009, the head of the Busan Regional Veterans Administration rendered a disposition rejecting the said additional award on the ground that “nine children directly damaged due to the instant accident are nine young children, and the rest of the young children cannot be deemed to be due to the instant accident.”

On March 23, 2010, the Plaintiff filed an administrative litigation against the head of the Busan District Court 2010Guhap1348 (hereinafter “instant administrative litigation”). On April 7, 2011, the Plaintiff appealed against the dismissal ruling and appealed as Busan High Court 201Nu1542. On November 4, 2011, the said appellate court rendered a favorable judgment against the Plaintiff that the said additional disposition was revoked.

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