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(영문) 대구지방법원 2013.11.22 2013구단494
국가유공자요건비해당결정취소
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 21, 1975, the Plaintiff entered the Navy and discharged him from military service on April 30, 2012 as a noncommissioned officer (original officer).

B. On May 7, 2012, the Plaintiff received stress due to excessive work, etc. in the course of performing concurrent duties, such as the head of the warehouse team, the storage team leader, and the acting articles of association, etc., from July 21, 1997 to July 28, 1997, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State (hereinafter referred to as the “persons who have rendered distinguished services to the State”) on the ground that the Plaintiff was under treatment due to the aggravation of his/her symptoms, the physical condition, the sensal disorder, and the depression disorder, the depression disorder, and the pasal disorder, and the pasal he/she suffered treatment, but was under diagnosis of the “mar infection” and “after the masal disease.”

C. On December 10, 2012, the Defendant rendered the instant disposition against the Plaintiff on the ground that the instant wound was not deemed to have been caused or aggravated due to proximate causal link with the performance of military duties or education and training, and thus, did not constitute a soldier or policeman’s duty requirement (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion at the time of entrance into the military on April 21, 1975 or thereafter, was able to perform military service because there was no healthy and no disease for at least 20 years. However, there was a proximate causal relation between the instant wound and the Plaintiff’s performance of duties, since the instant wound were caused by excessive work stress during the military service around July 1997.

Under a different premise, the Defendant’s disposition of this case is unlawful.

(b)the general causes and symptoms of one-person infections, and other infections, as a result of the request for physical examination of the Director of the Native University of the Court.

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