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(영문) 수원지방법원 2013.6.14. 선고 2012구단4535 판결
국가유공자요건비해당결정취소
Cases

2012Guly 4535 Madapoly 4535

Plaintiff

A

Defendant

Head of Suwon Veterans Branch Office

Conclusion of Pleadings

May 24, 2013

Imposition of Judgment

June 14, 2013

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The decision that the Defendant rendered to the Plaintiff on August 8, 2012 constituted a non-qualified person of distinguished service to the State shall be revoked.

Reasons

1. Disposition and details (A, B, and the whole purport of pleading);

A. On January 20, 200, the Plaintiff entered the Army. From March 16, 2001 to August 2, 2001, the Plaintiff received hospitalized treatment at a military hospital as “other non-specific mental disorder”. After receiving outpatient treatment, the Plaintiff was discharged from military service on February 19, 2002.

B. On February 9, 2012, the Plaintiff applied for registration of a person of distinguished service to the State on the application basis of “mental division”. On August 8, 2012, the Defendant did not recognize that the “mental division,” which was applied for on the following grounds, was caused by proximate causal relation with the military performance of official duties and did not constitute a non-conformity of the requirements for a person of distinguished service to the State (the instant disposition).

- Medical advisory opinions that, in general, it is not possible to find out the identity of an official work when a mental disorder, such as double damage, is caused without an external injury;

- Non-verification of specific and objective proof data, such as those subject to particularly excessive work or incompetence compared to dynamics, harsh treatment, and dynamics;

-The fact that there are symptoms, such as abnormal behavior, sound, etc. and the fact that there are facts related to the case of the beta in the military service, but it is recorded as not the other victim.

- Considering that deliberation was conducted as "non-official" at an affiliated body or at a military hospital;

2. The assertion and judgment

A. In light of the following, the Plaintiff asserts that the instant disposition was unlawful since the instant wounds were caused or aggravated due to military service.

- The plaintiff entered the school with mental health conditions (in the order of students' growth and their growth), and served normally for a period of ten months.

- At around September 200, two senior soldiers showed symptoms of their mental disorder with the primary sacrific symptoms. At the end of February 2001, the primary sacrific face had occurred to the senior soldier again on the face of his own(sacrific sacrific sacrific sacrifics).

- Even after having undergone mental shocks due to the honors, etc. of the head and superior of these two times, the Plaintiff’s mental disorder occurred or aggravated due to military gear, hair, etc.

B. Determination

(1) Recognizing facts (B) (the whole purport of the pleading)

(A) Around September 2000, the Plaintiff was involved in the Gota case [other than the Plaintiff’s statement (A. 12, A13), there is no evidence to prove that the appointed soldiers except the Plaintiff’s statement (A. 12, A. 13) sought the Plaintiff, and that there is no evidence to prove that they entered the J. Y. (A. 13).]

(B) From September 200 to September 200, the Plaintiff was under the influence of the Plaintiff’s work, and was under a hole while living in the military, and was pointed out due to his behavior. There was a lot of money safe in the entry. around October 200, the wall was cut by hand as a matter of the appointment branch, and the left-hand balance was cut by five heavy revenues.

(C) The Plaintiff: (a) caused an appointed soldier C and another case by the end of February, 2001; (b) C had been placed in a 10-day entrance plan; (c) the Plaintiff was rendered a five-day leave restriction and a military gear disposition (in addition to the Plaintiff’s statement, there is no evidence to deem that the Plaintiff was unilaterally punished by the appointed soldier, or that he was punished by the commander, etc.; (c) the Plaintiff was punished by the head, etc. from the military hospital on March 16, 2001. From the third day after a military gear was provided, the Plaintiff was engaged in a behavior, such as a mixed-level, abnormal sound, and fating with other soldiers on March 14, 2001; and (c) performed an act that was unable to understand, such as having a dispute with other soldiers on March 14, 201, and was examined by the military hospital on March 16, 200

(D) On March 18, 2001, the Plaintiff was found to have distorted psychological problems or difficulties or stressed bad points, tensions, depressions, depressions, common and other accidents (e.g., g., anti-human relations), as well as highly doubtful and doubtful. In light of the awareness of damage, group, or organizational life, the lack of self-esteems, the lack of gender, the dynamic behavior with dynamics, the conduct of harm to others, the lack of responsibility, the lack of social norms or customs, and the conduct of self-centered behavior without complying with social norms or customs.

(D) After middle school, the Plaintiff was only 1 and 2 married with her parents, and almost her was married with the university immediately before entering the university.

(E) The appraisal has symptoms of the current Compilation Mental Divided Disease (sexual progress). While the military life does not directly cause the outbreak of copper, ice, verbal abuse, etc., it cannot be ruled out that in the case of a person who is suffering from a mental fission due to the nature and biological origin, the possibility of indirect promotion may not be ruled out.

(2) lack of evidence to deem that the Plaintiff unilaterally suffered harsh treatment from an appointed soldier, etc., the Plaintiff’s mental fissional symptoms are not the direct cause of the outbreak, the Plaintiff’s opinion of appraisal, which is not the direct cause of the outbreak, unlike other soldiers, or there is lack of evidence to acknowledge that the Plaintiff had been under special excessive or stressed, or had been treated unfairly by his superior or commander (it is difficult to view that the Plaintiff had the Plaintiff, who was involved in the previous case, provided military gear reports to the Plaintiff). In light of the result of personal examination, it is difficult to deem that there is a proximate causal relation with the military service.

3. Conclusion

The plaintiff's assertion is difficult to accept, and the claim of this case is dismissed.

Judges

Judges Kim Gin-han

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