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(영문) 서울행정법원 2020.02.06 2019구단71649
국가유공자요건비해당결정취소
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 April 19, 2018, the Plaintiff was diagnosed as “the right-hand side of the upper line” at the Army Training Center of the Army Training Center of May 16, 2018 and dismissed on July 16, 2018.

On July 20, 2018, the Plaintiff applied for the registration of a person of distinguished service to the State on the ground that the Plaintiff applied for the registration of a person of distinguished service to the State on the basis of the case’s different application for the Maternal Life and Emphaam (hereinafter “Ampam”).

B. On November 12, 2018, the Defendant decided on the Plaintiff’s non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that “the medical causation between the instant wound and the Plaintiff’s military performance of official duties is not recognized,” on the ground that the Plaintiff’s “if the Plaintiff continues to take food with low level of radioactive content, is exposed to a considerable amount of radiation, there is no evidence to prove that the Plaintiff was exposed to a considerable amount of radiation in relation to the education and training of a new disease.” Moreover, considering the Plaintiff’s medical opinion that there is no medical basis that the Atham cancer was caused or aggravated due to overwork, stress, and that there is a short service period of approximately one month, the medical causal relationship between the instant wound and the Plaintiff’s performance of official duties is not recognized.”

C. On January 25, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on August 9, 2019, the Plaintiff rendered a final judgment dismissing all Plaintiff’s claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 11, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not receive medical treatment with respect to A, before being admitted to the Army Training Center, and was judged as normal in a physical examination for the military service judgment.

However, after the plaintiff was admitted to the Army Training Center, the symptoms of this case were different.

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