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(영문) 서울행정법원 2016.11.24 2016구단3027

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. The plaintiff entered the Army on July 18, 198, but was diagnosed by the Mental franchisium at the Armed Forces Busan Hospital (hereinafter, hereinafter, the same shall apply) and was discharged from military service on July 11, 1990. The plaintiff asserted that the injury or disease in this case occurred due to harsh conduct during military service and sexual indecent conduct, and filed an application for registration with the defendant.

B. On November 12, 2015, the Defendant could not verify the data that the two parts were damaged by credit while serving in the military, and the symptoms of the instant injury and disease appeared before entering the military, and carried out specially excessive tasks beyond the scope of general military service and compared to other fellows.

A decision was made that a person who rendered distinguished services to the State or a person eligible for veteran's compensation does not meet the requirements of persons who rendered distinguished services to the State on the ground that it is difficult to see that the person received excessive mental or physical stress.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff lived between the father and the mother, who is a police officer, without any economic inconvenience, and had a characteristic of active and responsibilities by maintaining good faith and smooth friendship in the course of attending elementary schools, and that there was no mental problem in the course of physical examination for entering the military.

The Plaintiff, after entering the military, sustained bullying B, experienced stressed, added up to the closed working environment, led to the outbreak of the injury and the outbreak of the injury of this case. While the injury of this case occurred during the performance of duties or education and training during the military service, the instant disposition taken on a different premise is unlawful.

B. (1) The plaintiff entered the Army on July 18, 1988 as C students and sent to the first Telecommunication Group.