beta
(영문) 서울행정법원 2016.04.14 2015구단53124

추가상이 불인정결정 처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On November 18, 2004, Non-party B (1) admitted to the Seosan Training Center as of November 18, 2004, and was transferred to the 306 Supplementary Department on January 7, 2005. However, on January 10, 2005, the accident falling from the stairs was brought into the 1st century, the 12nd pressure frame, and the laverization in the left-hand laverg, etc. (the next case was written in this case) and was hospitalized in the two main hospitals of the Korean armed forces.

(2) On March 21, 2005, the Deceased, who was hospitalized in the instant case due to the instant injury, had been diagnosed as adaptation disorder, short-term depression, etc. by moving to the psychiatrist, and was given a prescription, such as an anti-accident.

After the discharge on May 12, 2005, the deceased was incorporated into the 9 Bosa group of 29 Bosa group of the 9th National Assembly, but continued to adapt to military life and take a bath for his superior, and discharged the deceased from active service on October 28, 2005.

(3) On July 25, 2007, the Deceased was registered as a person of distinguished service to the State on the ground of the instant wounds under Grade 6(1)117 of the disability rating of soldiers and policemen on duty.

B. The Deceased’s suicide was under medical treatment at a mental hospital even after discharge, and was discharged from the hospital on April 25, 2009, and was committed on May 4, 2009 by avoiding carbon gas in a car on May 4, 2009.

C. (1) On July 14, 2009, the deceased claimed that the deceased’s mental illness was caused by sacity and stress during his military service, and caused the death, and thus, the deceased’s application for registration of the death of wounds was filed. However, on the ground that on July 14, 2009, the deceased’s mental illness was not recognized as a disease due to official duties, the Defendant rendered a decision on non-existence of the deceased’s death.

(2) C filed a lawsuit seeking the revocation of the disposition by the Defendant on July 14, 2009, Seoul Administrative Court No. 2009Gudan13286, but the same.