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(영문) 전주지방법원 2020.05.27 2018구단1145
국가유공자및보훈보상대상자요건비해당결정처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

Details of the disposition

A. On July 27, 2015, the Plaintiff entered the Army, but on April 15, 2016, the disposition of military service was modified for a call-up to social work personnel service, and the same year.

4. On November 24, 2016, a member was called to social work personnel service, and was dismissed on the grounds of non-conformity with service due to disease.

B. On April 16, 2018, the Plaintiff applied for registration as a person of distinguished service to the State on the ground that the Defendant “Sule and Maul” was the filing of an application for registration.

C. On September 28, 2018, the Defendant rendered a decision on the non-conformity of the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter collectively referred to as “instant disposition”) on the ground that “The Defendant’s application is not recognized as having been injured in the performance of duties or education and training directly related to national security, etc., and is not recognized as having been incurred in the performance of duties or education and training not directly related to national security, etc., or as being unable to be recognized as rapidly aggravated due to natural progress or beyond natural progress.”

[Ground of recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, and 4, and the purport of the entire pleadings as to the legitimacy of the disposition of this case, was not having any mental illness, including a friendly certificate before entering the military, and a certificate of personal correspondence, and there was no mental diagnosis or consultation with

Since the Plaintiff’s depression and anti-humanism (hereinafter “instant wounds”) were generated or aggravated due to the harassment and bullying of appointment during military service and stress caused by excessive work burden, there is a proximate causal link between the Plaintiff’s performance of duties and the instant wounds during military service.

Therefore, the Plaintiff constitutes a person of distinguished service to the State in the first place and constitutes a person eligible for veteran’s compensation. The instant disposition based on a different premise is unlawful.

Judgment

primary claim;

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