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(영문) 대구지방법원 2016.12.16 2016구단10393

국가유공자및보훈보상대상자요건비해당결정취소

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 February 2, 2015 and was discharged from military service on September 24, 2015.

B. The Plaintiff stated that he did not voluntarily speak during military service and was discharged from military service after being treated by a military hospital or a private hospital due to abnormal symptoms, and on October 12, 2015, the Plaintiff filed an application for registration of a person who rendered distinguished service to the State for “contributative disorder” (hereinafter “instant wounds”).

C. On February 2, 2016, the Defendant rendered the instant disposition against the Plaintiff on the ground that “the specific, objective records, etc. that may be deemed to have aggravated rapidly above the development or progress speed due to the proximate causal link with the performance of military duties or education and training, or to have deteriorated due to the impossibility of receiving timely appropriate treatment or measures, are not verified.”

[Judgment of the court below] The ground for recognition No. 1

2. Whether the instant disposition is lawful

A. The Plaintiff alleged that there was no mental illness before entering the Plaintiff, and there was no mental illness among his family members, and there was no understanding of the contents of education after entering the Plaintiff, and it was difficult to go as a result of this, which led to the fall short of, or a mathing with, the motives, etc., but the instant difference occurred due to extreme stress without appealing grievances due to the characteristics of military life, so proximate causal relation is recognized with the instant difference in the performance of duties.

B. (1) The facts of recognition are: (a) the Plaintiff’s school life records in the Plaintiff’s entrance to the military and in the third grade school of family history high school, which are not easily visible to the person who first sees, who is not able to know, and who is not able to know, even though the time has elapsed, the relationship between friendly-gu and the relationship between friendly-gu is broad and easy; and (b) have a strong responsibility with a strong sense of responsibility in good faith without the speech he/she is responsible.