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(영문) 서울고등법원 2015.11.18 2014누41758

국가유공자요건등비해당결정취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Details of the disposition

The court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, except for the deletion of "the disposition of this case" (hereinafter "the disposition of this case") on the three pages 2 of the grounds of the judgment of the court of first instance, and therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The main point of the plaintiff's assertion as to the legitimacy of the disposition is that the deceased B (hereinafter referred to as "the deceased") had a healthy and mental youth prior to entering the military, and there is no person with mental illness among his/her family members.

After being placed at the printing office of 2 military headquarters, the Deceased was suffering from strict discipline, closed military life under control, the superior's ice, ice, etc., which led to the occurrence or aggravation of mental illness (hereinafter "the instant disease").

Therefore, there is a proximate causal relationship between the deceased's military service and the disease of this case.

Facts of recognition

The Deceased, such as the living environment before the entrance, was the FF, and was the parent 2 South and North Korea.

The parent of the deceased was engaged in his own business.

On March 4, 1983, the deceased admitted to the Seoul Gan District Elementary School. The term “special engineer’s claim” in the daily life record includes the following: “Irrely, there is a harsh conflict between urgencys (Grade 1); “Irrely, Irrely, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre

망인은 1989. 3. 3. 윤중중학교에 입학하였는데, 생활기록부의 ‘행동발달상황’란에는 “자주성이 부족하고 항상 자신감이 없어 보임(1학년), 매사 의욕이 적으며 학급일에 관심이 없는 편임(2학년), 온순, 정직, 꾸준한 성품이나 친구 사귐이 원만치 못하여 고립적 행동이 엿보임(3학년)” 등으로 기재되어 있다.

The Deceased on March 2, 1992.