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(영문) 부산고등법원 2015.05.15 2015누20404

국가유공자등록거부처분 취소

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The issues of this case and the judgment of the court of first instance

A. On November 26, 2012, the key issue of the instant case asserted that mental fissionism occurred due to violence, verbal abuse, and stress caused by inhuman behavior during military service, and on the ground that there is no proximate causal link between the Plaintiff’s mental fissionation certificate (hereinafter “instant wounds”) and the military performance of official duties, the Defendant issued a notification corresponding to the requirements of persons of distinguished service to the State, etc. (hereinafter “instant disposition”).

The key issue of this case is whether there is a proximate causal relationship between the Plaintiff’s military duty and the instant difference.

B. The judgment of the court of first instance at the court of first instance: ① the Plaintiff’s health condition was improved before the Plaintiff was appointed as a school officer; ③ there was no mental disease symptoms among the Plaintiff’s family members; ③ there was no other stress factors other than military service; rather, the Plaintiff served as the representative of the entire candidate, and the Plaintiff was judged to have excellent ability in all respects, including the spirit of sacrifice and sacrifice; ② there was a mental illness since one year has not passed after the officer was appointed; ② the Plaintiff was in the military commander’s service in the workplace; ② the Plaintiff was in the military commander, and was in the military commander’s service in the military; ② the Plaintiff was influence with the serious head; ② the Plaintiff was influence, in particular, the Plaintiff was in the military commander’s service in the military; ③ there was no other stress factors other than the military service; ④ there was no other evidence to deem that the cause of mental division was not clearly identified; ④ there was an important mental disorder and other biological factors that caused the mental disorder.