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(영문) 서울행정법원 2015.01.15 2013구단52943

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 July 16, 1986, the Plaintiff was discharged from active service on December 8, 1988.

B. On October 23, 2012, the Plaintiff filed an application for registration of persons of distinguished services to the State with respect to the Defendant, alleging that the injury was caused to the neutism, thereby causing the injury to the neutism and the neutism, thereby filing a request for registration with the Defendant.

C. On April 16, 2013, the Defendant rendered a decision on the Plaintiff’s non-existence of the requirements for persons who have rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation (hereinafter “instant disposition”), on the following grounds: (a) the Defendant did not recognize that there was a proximate causal link with the performance of military duties; and (b) the Defendant did not recognize that the injury was caused or aggravated as a result of the causal link with the performance of military duties.

[Reasons for Recognition] Unsatisfy, Gap 1, 11, and 12, each of the statements, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he had lived in a healthy state without any special disease before entering the military, and there was no mental therapy due to mental illness, including the instant wound, etc.

After entering the military, the military was subject to bullying and cruel acts, and the military life was conducted in the sense of fear and pressure such as bullying.

Due to such unexpected stress that led to the occurrence of the instant wound or the aggravation of the state of nature beyond the natural progress.

In light of this, there is a proximate causal relationship between the plaintiff's mental illness and the military service. Thus, the disposition of this case on a different premise is unlawful.

B. A medical record, etc. 1) The name of the soldier on August 23, 1986, who was sick in the line of official duty (the head of the waterworks machinery fire fighter’s disease station) of the Armed Forces Pyeong Hospital and the Armed Forces Water Service Hospital (the date of February 11, 1987): The causes and circumstances of the occurrence of adaptation disorder: since the transfer to the entrance on July 16, 1986, he was the first completion of the 4th class training but received the education due to the high quality meal problem and the scarcity.