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(영문) 부산지방법원 2015.02.13 2014구합1933

국가유공자요건비해당결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. The plaintiff was admitted to the Army on April 4, 2005 as B students, and was discharged from military service on June 7, 2005.

It is stated that the Korean National Redcheon Hospital was diagnosed as the mental retardation (Mo Rate, I Q Q 35-49) of China during the financial resources period from April 28, 2005 to June 7, 2005 and was discharged from military service.

B. On November 14, 2013, the Plaintiff asserted that he/she constitutes a person of distinguished service to the State since he/she was determined as a mental body during the military training period, and filed an application for registration with the Defendant of distinguished service to the State.

As a result of the deliberation of the Board of Patriots and Veterans Entitlement, the defendant suffered from the difference of "mental body" claimed by the plaintiff due to military duties or education.

On May 23, 2014, the Plaintiff determined on May 23, 2014 as not constituting a person eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and Support for Persons Eligible for Veteran’s Compensation, and notified the Plaintiff thereof.

(hereinafter “each disposition of this case”). 【No dispute exists, Gap evidence Nos. 2, 4, and 6, Eul evidence No. 1, and argument and judgment as to the purport of the whole pleadings.

A. The plaintiff asserted that the plaintiff had no symptoms of mental illness before entering the hospital, and immediately after entering the hospital, he showed symptoms of mental retardation, and became a person with disabilities of Grade II at the present mental retardation.

Therefore, it is presumed that the Plaintiff’s symptoms of mental retardation are caused by excessive stress according to strict discipline and control in the military or directly caused physical trauma.

Therefore, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination is made by a soldier or policeman wounded on duty or a soldier or policeman wounded on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, or a soldier or policeman.