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(영문) 부산고등법원(창원) 2017.04.19 2016누11301

국가유공자요건비해당결정취소

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim is dismissed.

B. The Defendant on March 2013

Reasons

1. Details of the disposition;

A. On January 10, 200, the Plaintiff entered the Army and served on March 7, 200 at the 31st Army Team No. 8539 unit B.

From April 3, 2001 to June 8, 2001, the Plaintiff was diagnosed as an adaptation disorder during the military service and was under medical treatment at the Armed Forces Mine Hospital. On January 17, 2002, the Plaintiff was discharged from military service with non-majors, such as nutritional defect and an empty blood.

B. On November 7, 2012, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with respect to the Defendant, alleging that depression, stressed disability, food disability, and mental division disease (hereinafter “instant injury”) occurred due to the assault, bullying, excessive duties, etc. of an appointed soldier during the military service.

C. On March 8, 2013, on the ground that the instant wound did not have a causal relationship with the performance of official duties, the Defendant rendered a disposition to grant distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “each of the instant dispositions”) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 5, Eul evidence 6-1, 2, Eul evidence 8 and 9, and the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident occurred with mental and physical stress due to his own character, violence, bullying, and excessive work, although the Plaintiff was in a healthy state while serving in the military.

Since there is a proximate causal relationship between the Plaintiff’s performance of military service and the instant difference, each of the instant dispositions is unlawful.

3. Whether each of the dispositions of this case is legitimate

A. Facts 1) The Plaintiff, as a DNA, graduated from the Changwon High School on February 10, 1998, was admitted to the National University Electric Engineering Department, and entered the Army on January 10, 2000 when he was enrolled. The Plaintiff was found to have a physical disorder of 175 cm and 57 km in physical examination at the time of entering the National University, and was judged to have a normal judgment in the internal department and mental department. 2) The Plaintiff had no mental illness treatment before entering the National University, and there was no family history of mental illness.

3. The plaintiff is the Army on March 7, 200.