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(영문) 서울행정법원 2015.11.12 2014구단51374

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 September 26, 1995, the Plaintiff was discharged from military service on November 23, 1996.

B. In around 2005 and around 2006, the Plaintiff filed an application for registration with respect to each person of distinguished service to the State by alleging that the “psychronty” (hereinafter “the instant wounds”) occurred due to military life with the Defendant, but the said application was rejected.

C. On April 2, 2013, the Plaintiff filed an application for registration of a person who has rendered distinguished service to the Defendant by asserting that the instant injury had occurred due to the military life. However, on November 28, 2013, the Defendant rendered a decision on the requirements for persons who have rendered distinguished service to the Defendant and the non-conformity of the requirements for persons who have rendered distinguished service to the Defendant (hereinafter “instant disposition”) on the ground that the instant difference does not constitute a proximate causal relation with the military duty or education and training, on the ground that “the record of the special symptoms, such as the illegal situation inside the workplace, such as the beta, cruel act, etc., other than the Plaintiff’s statement, or the outbreak situation, etc., caused by the enemy’s battle, is not verified.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he belonged to the first and second units of the Army 1799 unit in the Army located at the early stage, and served in the coast unit at the time of the invasion of armed communist communist communist communist communist communist communist communist communist Gun in the Gangnam area

The plaintiff was admitted to a relatively sincere life, and began to engage in horses and actions from the end of September 1996. This seems to be closely related to stress caused by the infiltration of armed communist communist communist communist communist communist communist communist communist communist communist Gun in Gangnam area.

Therefore, the instant difference is deemed to have a proximate causal relationship with the military service, since it occurred due to excessive fears due to the military communist militia operations in Gangnam-gu area.