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(영문) 서울행정법원 2015.07.17 2014구단15217

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 July 27, 2009, the Plaintiff entered the Army and discharged the Army from active service on May 19, 2010.

B. On June 25, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State or a person eligible for veteran’s compensation on the ground that: (a) a military officer’s adequate measure was delayed due to stressed while serving in the military (hereinafter “instant wounds”); and (b) the injury of the instant case aggravated.

C. On January 23, 2014, on the ground that the instant wounds cannot be deemed to have arisen due to the performance of military duties, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”). D.

Accordingly, the plaintiff filed an administrative appeal on April 7, 2014, but the Central Administrative Appeals Commission dismissed the appeal on August 12, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not have suffered from, or had not received, a mental illness, such as Cho Jae-in’s disease before entering the hospital. The instant wound occurred due to extreme stress and stress that caused the military service after entering the hospital, and the treatment period was delayed due to the Plaintiff’s erroneous diagnosis, and the instant wound aggravated. However, the instant wound should be deemed to have been caused due to military service. However, the instant disposition was unlawful on the ground that there was no causal link between the instant wound and the performance of official duties.

B. (1) On July 27, 2009, the Plaintiff was determined as being subject to enlistment in the second class active duty service as a result of a physical examination for conscription during the course of one year at the Gangwon University Department B, and entered the Army.

At the time of a physical examination for conscription, the Plaintiff was judged to be "normal" in the area of mental department.

Shelled Plaintiff from October 19, 2009 to January 18, 2010.