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(영문) 서울행정법원 2019.10.17 2018구단61577

국가유공자요건비해당결정취소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On February 6, 2017, the Plaintiff entered the Army and received training for the Army Training Center 27 jointly and severally as a 7 major training team, on February 26, 2017, the Plaintiff diagnosed “psychosis infection” at the Armed Forces Daejeon Hospital and discharged him/her from military service on June 5, 2017. On July 31, 2017, the Plaintiff applied for registration of a person of distinguished service to the State on the ground that he/she applied for registration of a person of distinguished service to the Defendant (hereinafter “instant wounds”).

B. However, on February 12, 2018, the Defendant did not confirm medical causal relationship between the instant injury and the military performance of official duties; there was no objective evidence to support the Plaintiff’s statement that the instant injury aggravated due to stress deemed to have been caused by the Plaintiff’s severe death or attempting disease even though the Plaintiff complained of pain; and there was no objective evidence to prove that the instant injury aggravated rapidly due to the military performance of official duties or the instant injury aggravated rapidly beyond natural progress, other than the Plaintiff’s statement, it does not constitute the requirements for persons eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, since it was not verified that the instant injury directly caused the occurrence of occupational duties or education and training directly related to the national defense, and thus, it does not constitute the requirements for 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, on the ground that there was no objective evidence verifying that the injury occurred directly due to the national defense, etc.