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(영문) 서울행정법원 2019.01.17 2018구단62044
국가유공자등록거부처분 등 취소 청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. On February 22, 2018, the Defendant constitutes a person eligible for veteran’s compensation who was the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on November 21, 2016, but was discharged from active service on August 14, 2017 due to his/her major major.

B. On September 19, 2017, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with respect to the Defendant on the ground that “The Plaintiff had been diagnosed as having been subject to constant tension and psychological pressure due to cruel training, various education and training, controlled internal and military pressure,” and applied for the registration of a person who rendered distinguished services to the State on September 19, 2017.

B. The Defendant confirmed that “the Plaintiff was diagnosed as the instant wound and hospitalized treatment at a military hospital or private hospital. However, there was no evidence to prove that at the time of military service, the Plaintiff was faced with a cruel situation, such as the performance of military duties and education and training, or training and work in a special working environment compared to other fellows, and that there was a record that the symptoms of the instant wound began from 3rd and the symptoms deteriorated after receiving the warrant before entering the hospital, and it is judged that the instant wound was a previous disease before the military accident. Furthermore, considering the fact that there was a proximate causal relation with the military’s performance of duties or education and training, and that there was no specific and objective evidence to prove that the instant wound fell under the requirements for persons of distinguished services to the State and persons of distinguished services to the State, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, it does not constitute the requirements for persons of distinguished services to the State and persons of veteran’s compensation.”

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