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(영문) 대구지방법원 2015.08.19 2014구단11286
국가유공자 요건 비해당 처분 취소
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. After entering the Gun on January 17, 2012, the Plaintiff was discharged from military service on January 16, 2013, while serving as a small number of soldiers in the First Assistant Soldiers’ Group, “Analpathy” (hereinafter “instant wounds”) occurred, and the Plaintiff discharged from military service on October 16, 2013.

B. On October 21, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that the instant injury was caused by the fruit, stress, and drilling while serving in the military.

C. Accordingly, on March 28, 2014, the Defendant rendered a disposition to the Plaintiff on the ground that “the proximate causal relationship between the instant wounds and the military performance of official duties is not recognized” and thus, rendered a decision corresponding 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】 The fact that there is no dispute, Gap Nos. 1, 2, Eul No. 1, 9, and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered the Gun in a healthy state without any disease related to the instant wound and took charge of the duty of the guard at the front line. From early October 2012, 2012, when the boundary service was strengthened due to “the North Korean War,” etc., the Plaintiff served for a long time on the weather weather, and served for a long time in a long time during the military service. As such, the instant wound was exposed to a prolonged period of time on October 11, 2012, and the symptoms were worse in the process of military life continuously continued thereafter.

Therefore, since there is a proximate causal relation between the instant difference and the military performance, the instant disposition by the prior Defendant is unlawful on a different premise.

B. Although the result of the court’s commission of physical examination to the head of Yong-Namnam University Hospital was not known, the cause of the instant disability is considered to be the cause of virus infection, the cause is 62.6% of the U.S. in relation to the preceding factors, 21.1% of virus infection, and 0.8% of viral exposure.

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