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(영문) 서울행정법원 2017.06.21 2016구단22264
국가유공자전상군경재분류신체검사결정취소처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 1, 1968, the Plaintiff entered the Gun and was discharged from active service on March 30, 1971. From November 8, 1969 to November 27, 1970, the Vietnam War was recognized as potential for potential aftereffects of defoliants by the Defendant around 197.

B. On April 8, 2008, the Plaintiff filed an application for recognition of additional status with the Defendant, stating that “The Plaintiff returned to the Republic of Korea after having performed a special mission on November 1, 1968 when he was in the military service, and fell under the bottom of mountain, and was diagnosed as “satis, satis, satis, legs, bridge, the left-hand satis, and other external wounds after the external wound under Section b above, the escape certificate of light-satis, the escape certificate of light-satis, the old-satis and satis, the brain dyssatum sat, and the reproduction of non-satis,” and filed for recognition of additional status.

C. Accordingly, the Defendant cannot be viewed as an injury incurred in performing a special duty with respect to the Plaintiff on February 9, 2009, and it is difficult to view each of the injuries described in the preceding paragraph as an injury.

“The Plaintiff filed a lawsuit against the Defendant seeking the revocation of the non-recognition of the additional status described in the preceding paragraph as Seoul Administrative Court Decision 2009Gudan18205, and on October 18, 2011, the said court rendered a judgment revoking the instant difference among the non-recognition of the additional status described in the preceding paragraph on the ground that “the instant difference” portion of the difference described in the preceding paragraph (b) falls under a wound, i.e., the total number of books of account, and other joints of accounts (hereinafter “the instant difference”), and thus, the said judgment became final and conclusive. Accordingly, on February 20, 2013, the Defendant revoked the difference in the instant case among the non-recognition of status described in the preceding paragraph (c) and rendered a disposition to recognize the difference as the additional one. On July 25, 2016, the Plaintiff filed a new physical examination for the Defendant, not the instant hospital.

G. The defendant.

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