beta
(영문) 대구고등법원 2015.12.11 2015누4984

국가유공자 요건 비해당 처분 취소 청구

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Details of the disposition;

A. On August 27, 2004, the Plaintiff was discharged from active service on August 26, 2006 by entering the Gyeongbuk Provincial Police Agency as an auxiliary police officer.

B. On October 25, 2004, from October 28, 2004 to December 28, 2004, from June 27, 2005 to December 22, 2005, from May 1, 2006 to August 25, 2006, the Plaintiff was hospitalized in the police hospital as an auxiliary police officer, and was diagnosed as a man’s disease (mental divided certificate; hereinafter “instant wound”) at the D Hospital on March 5, 2009, after being discharged from military service. On November 5, 2013, the Plaintiff filed an application for the registration of a person of distinguished service to the State with the Defendant as an application for the instant wound.

C. Accordingly, on March 13, 2014, the Defendant rendered a non-specific decision-making disposition on the requirements for persons who have rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that the instant wound against the Plaintiff was not recognized to have been caused or aggravated by the performance of duties or education and training during military service.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 7 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) was admitted to auxiliary police officers in a state without any particular mental problem. During the new illness training process, the instant wounds were revealed, and the military unit to which the Plaintiff belongs had been faced with extreme stress situation while living in a closed military base in compliance with strict discipline and control by the strict discipline and control, and the symptoms have rapidly deteriorated due to the lack of appropriate treatment at the police hospital. Accordingly, the instant wounds are referred to as the “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” (hereinafter “Act on the Honorable Treatment and Support of Persons

Since the disease occurred due to the "performance of duties or education and training directly related to national defense and security or the protection of people's lives and property" under Article 4 (1) 6, the plaintiff is a person of distinguished service to the State.