국가유공자등록거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 12, 1990, the Plaintiff was discharged from military service on July 16, 1991 after entering the Army and serving in the Army.
B. On January 3, 2013, the Plaintiff filed an application for registration of persons of distinguished service to the State with respect to the Defendant, alleging that the Defendant was unable to adapt themselves to the military life due to the periodic sensacy and unity of the soldiers in the military life (hereinafter “instant wounds”).
C. On June 20, 2013, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the instant difference is not deemed to have caused or aggravated causal relation with the performance of military duties” following the deliberation and resolution of the Board of Patriots and Veterans Entitlement.
[Ground of recognition] Evidence Nos. 1, 6, Eul's Evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s assertion that the intelligence index of the Plaintiff was 73 merely 73 did not properly adapt to the military life under strict regulations and control, it was left alone without proper treatment, which led to the Plaintiff’s occurrence or aggravation of the instant difference.
Therefore, even if there is a proximate causal relationship between the Plaintiff’s military service and the instant difference, the Defendant’s disposition of this case is unlawful.
B. As to the instant case, comprehensively taking account of the following circumstances acknowledged by the evidence and the purport of the pleading body, including the evidence No. 11 and the result of the examination of medical records on the A. 11 and the E.I. S. S. S. S. S. S. S. S. S. S. S. S. Research Center, the instant wounds occurred due to military duties or education and training directly related to national defense, security, etc.
The instant disposition is lawful, because it is difficult to deem that the proximate causal relation with the military service or the performance of official duties has been caused or deteriorated beyond the nature.