국가유공자요건비해당결정처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s requirements for persons who rendered distinguished services to the State on July 13, 2012.
Details of the disposition
On September 2, 2004, the plaintiff was enrolled as noncommissioned Officer and received education from the Army Academy at the Army upon the request of the plaintiff on November 9, 2004, and was discharged from noncommissioned Officer and transferred to private soldier.
While serving as a private soldier, the Plaintiff was diagnosed as “personal disability” at the Armed Forces Hospital from December 3, 2004 to January 18, 2005, and was hospitalized, and was discharged from military service on November 8, 2006.
The Plaintiff asserted that the Defendant was assaulted by the motive candidate during education and training as noncommissioned Officer, and caused mental illness (mental divided disease; hereinafter “the instant wound”) as a result, and filed an application for registration of persons who rendered distinguished services to the State.
On July 2012, the Board of Patriots and Veterans Entitlement: “Around July 2012, the record that the Plaintiff suffered from the motive candidate was not verified; the Plaintiff was diagnosed as a certificate of mental disorder due to the malapsis caused by the malaption to school life during the second-year high school prior to entrance, and received a mental outpatient treatment for one week; in general, it is difficult to recognize that the Plaintiff was a public official. In other words, it is difficult for the Plaintiff to have confirmed that there was no special external trauma in the two parts; there was no specific and objective proof data, such as that the Plaintiff was under special excessive duties or internal stress compared to the mar group members; and there was no circumstance to reverse the existing deliberation and resolution, it is not recognized that the instant wound caused or aggravated from military service.”
On July 13, 2012, the Defendant rendered a non-conformity of the requirements for persons who rendered distinguished services to the State (hereinafter “instant disposition”) to the Plaintiff in accordance with the above resolution of the Board of Patriots and Veterans Entitlement.
【Unsatisfy-founded facts, Gap evidence Nos. 1, 2, and 8, and the purport of the entire pleadings.