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(영문) 대구지방법원 2014.02.19 2012구단923

국가유공자등록

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. On November 1, 1988, the Plaintiff entered the Army, and was discharged from military service on April 11, 1991 with the maturity of the hospital.

B. The Plaintiff, while on duty as a situation-based disease, assembled M16A1 small-scale decomposition during his/her service.

On July 25, 201, the Defendant filed an application for registration of a person of distinguished service to the State on the ground that he/she lost his/her factory and received treatment by suffering a hole and injury from a shot and cruel act, and transferred his/her factory to three times thereafter, he/she had been suffering from mental illness during military service by entering the military without meals and sprinking for three months, on the ground that he/she had been discharged from military service.

C. On January 12, 2012, the Defendant rendered a non-specific decision-making disposition against the Plaintiff on the ground that the instant wound did not prove that it occurred in relation to the military service and that there was no evidence to prove that it was caused in relation to the military service, and that there was no proximate causal relation with the military service.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 9 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is based on the following facts: (a) although the Plaintiff was found to have been suffering from examination stress before entering the army, based on the fact that the Plaintiff was judged to have been on active duty in a normal physical examination; (b) was suffering from harshly harsh acts, such as sacrifies, while living in the military; and (c) immediately caused mental fission to the Plaintiff after discharge, a proximate causal relation between the Plaintiff’s military life and the instant

Even if there was the symptoms of the pre-inception of the pre-inception to the Plaintiff, the Plaintiff was suffering from a large sense of bullying due to a usual and passive nature, and the stress due to military life far exceeded the general public compared with those of the general public. Accordingly, the Plaintiff was suffering from harsh conduct, such as the sensation of the appointment.