국가유공자요건비해당결정처분취소
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 September 13, 1999, the Plaintiff entered the Air Force and was discharged from military service on October 18, 200, and filed an application for registration of persons of distinguished service to the State with respect to the Defendant on December 2, 2011, alleging that “The Mental fluor was caused by excessive work and mental stress during military service (hereinafter “instant disease”).
B. On February 29, 2012, the Defendant rendered a decision on the Plaintiff on February 29, 2012 on the ground that “the instant disease is not recognized as having caused considerable causal relationship with the military performance of official duties” (hereinafter “instant disposition”).
【Ground of recognition】 Evidence Nos. 3, 9, and 1
2. Whether the instant disposition is lawful
A. Although the plaintiff asserted that the plaintiff was placed in the military police team of the Air Force B Flight Team and engaged in excessive military service, the plaintiff was suffering from mental stress due to harsh acts, such as saves and ice saves, etc. from appointed soldiers from time to time, although the disease of this case occurred due to mental stress, the defendant was subject to the disposition of this case on different premise, and thus, the disposition of this case by the defendant was unlawful.
B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sep. 15, 201) refers to that a soldier or police officer wounded or sick in the course of education and training or in the performance of duty (including a disease in the line of duty) means an injury or disease that a soldier or police officer sustained in the course of education and training or in the performance of duty. Thus, in order to become different as prescribed by the above provision, there is a proximate causal relation between education and training or in the performance of duty and the injury or disease, and the causal relation between the injury and the injury should be proved by the party asserting it (Supreme Court Decision 2003Du5617, Sept. 23, 20