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(영문) 대전지방법원 2021.01.28 2015구단1095
추가상이처요건비해당처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 4, 1980, the Plaintiff was discharged from military service on March 3, 1982 after the Plaintiff was discharged from military service.

B. On May 28, 199, the Plaintiff filed an application for registration of a person of distinguished service to the State, and on October 19, 1999, at the Patriots and Veterans Deliberation Committee, it decided that the previous recognized wounds "No. 4-5 of nuclear escape certificates" (L4-5 hereinafter referred to as "L4-5 hereinafter) constituted a military competition requirement, and registered as a soldier of distinguished service (National merit persons, Grade VII 6109).

(c)

On April 13, 2015, the Plaintiff filed an application with the Defendant for recognition of the major additional prize as a wife against the 3-4 Ham (L3-4; hereinafter “the instant wound”).

(d)

On September 30, 2015, the Defendant: (a) confirmed that the order of diagnosis on the ground of the beds was “verted L5 and Y4-5”; (b) it was confirmed that the disease was L4-5 in the process of performing military service; and (c) it was not confirmed that the Plaintiff performed surgery performed at the Armed Forces Hospital in Busan on November 17, 1981 only on L4-5 parts; and (d) on the ground that in the case of L3-4, the Plaintiff was diagnosed for more than 32 years after discharge, and it was difficult to recognize military service relations; (b) on the grounds that it was difficult to recognize military service relations, the Plaintiff did not constitute the requirements of the Act on Honorable Treatment of and Support for Persons of Distinguished Service to the State, etc. (hereinafter “Act on Persons of Distinguished Service”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's previous recognition prize "No. 4-5 escape certificate", which was an objection to the plaintiff's assertion of merit at the time of registration as a military police officer with merit, was added to "the escape certificate of the conical signboard No. 3-4" and "the escape certificate of the conical signboard No. 3-4" due to excessive load.

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