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(영문) 대구지방법원 2016.04.01 2015구단11108
국가유공자및보훈보상대상자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 13, 1982, the Plaintiff entered the Gun and was discharged from military service on September 28, 1983 as “Semangy gym gym gym gym gym gym gym gym gym gym gym gym gym gym gym

B. On December 1982, at the time when the Plaintiff was faced with the vehicle during the movement training (dynamic training) in a large number of high schools in Gangwon-do, the Plaintiff applied for registration of persons of distinguished service to the State on the ground that he was diagnosed as a result of the examination of a military hospital around August 1983, but on February 26, 2003, the Military Hospital Deliberation Committee passed a resolution corresponding to the number of persons of distinguished service to the State.

C. On June 4, 2015, the Plaintiff returned to the Defendant an application for registration of a person who rendered distinguished services to the State. However, on the ground that “the occurrence or aggravation of the above injury or disease was not recognized due to military performance of duties or education and training” was not recognized, the Plaintiff rendered a decision on an amount equivalent to the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In December 1982, the Plaintiff’s assertion was faced with the snow of the right side of the vehicle while going beyond the dynamic training that moves to various places of the high character of Gangwon-do, and the accident was faced with the snow at the time, but there was a big impact on the snow at the time, but did not turn off the horse to the end, and was forced to undergo training. Since the pain was continued, but there was no big pain, the time was reduced from July 1983, and the military hospital was discharged from active service at the early stage after receiving a diagnosis of the telebry.

Therefore, since the injury of this case occurred due to an injury during the performance of military duties, the first defendant's disposition of this case is unlawful on different premise.

(b) Fact-finding 1) Beds. ① Outpatient medical records ( July 26, 1983: the starting time is without cause from September 19 of the year.

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