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(영문) 대구지방법원 2015.02.27 2014구단10283
국가유공자등록거부처분취소 청구의 소
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 May 9, 2011, the Plaintiff entered the Army and served in the First Ambane Command (Am2), and was discharged from military service on July 10, 2012.

B. On July 20, 2012, the Plaintiff applied for the registration of a person of distinguished service to the State on the ground that: (a) the Defendant, after entering the Army Training Center after receiving shooting training at the Army Training Center; (b) the left-hand sculposised on the left-hand sculposis in the process of receiving shooting training at the Army Training Center; and (c) the military hospital did not undergo surgery at the left-hand sculption; and (d) the Plaintiff applied for the registration of a person of distinguished service to the State on the ground that “the sculposised sculphe (hereinafter “the instant No.

C. Accordingly, on January 16, 2013, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that each of the instant wounds against the Plaintiff is not deemed to have been caused or aggravated due to the performance of military duties (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including additional numbers), Eul No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he entered the military in a state of health without any particular physical disorder. While undergoing a preliminary training for shooting for ten minutes during the course of the training for a new illness, the Plaintiff’s 1st century aggravated beyond the outbreak or natural progress, which led to the outbreak of the first floor of this case, and the occurrence of the second floor of this case was damaged in the course of the operation of the first floor of this case by the military hospital.

Therefore, the causal link between the instant wounds and the military performance should be recognized.

B. 1) Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (i.e., Act on Persons of Distinguished Service to the State) on the Determination of Persons of Distinguished Service to the First Award (i.e., disease in the line

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