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(영문) 수원지방법원 2016.02.03 2013구단5153

보훈보상대상자 등록거부처분 취소

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 21, 1967, the Plaintiff joined the military service and was discharged from military service on March 12, 1968 to September 27, 197 by the Vietnam War but on January 9, 1971.

B. After discharge, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State by asserting that the Plaintiff had incurred mental illness after smoking the monthly tobacco that the Plaintiff paid to the Defendant at the time of the Vietnam War on four occasions, but the Defendant rendered a decision on the non-conformity of the requirements for each soldier or policeman on duty in 2003, 2004, 2007, and 2010 on the ground that the proximate causal relation with the military duty cannot be recognized.

C. On January 29, 2013, the Plaintiff filed an application for re-registration of persons who have rendered distinguished services to the State on the ground that he/she was different from the Defendant in the application for re-exploitive disorder (hereinafter “instant wounds”).

After deliberation and resolution by the Board of Patriots and Veterans Entitlement, on April 8, 2013, the Defendant rendered a decision that is not equivalent to the requirements for persons who rendered distinguished services to the State and persons eligible for veteran's compensation (hereinafter referred to as "disposition of this case") on the ground that there is no proximate causal relation with the military performance of official duties, which is different in the instant case, and thus caused or aggravated.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion that the instant accident occurred after smoking the monthly tobacco that the Plaintiff paid to Vietnam War, the Plaintiff constitutes at least a person eligible for veteran’s compensation, the Defendant’s disposition of the instant case was unlawful on a different premise.

(b) Recognizing the facts of recognition (as a result of the request for the examination of medical records for the head of the Seoul University Hospital of the Republic of Korea) is defined in the state of abnormal behavior in various aspects of human behavior, such as appraisal, accident, recognition, exercise, memory, and attention.