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(영문) 인천지방법원 2017.10.17 2016구단893
국가유공자등록거부처분취소
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 March 9, 1983, the Plaintiff entered the Army and was discharged from active service at maturity on July 25, 1985. On March 4, 2016, the Plaintiff filed an application for re-registration of a person of distinguished service to the State with the injury, asserting that the Plaintiff had been suffering from a mental illness due to his superior, etc. while serving in the military from his superior, etc. (hereinafter “instant wounds”).

B. Accordingly, on July 12, 2016, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that it is difficult to recognize proximate causal relation with the performance of military duties, as there is no objective evidence to acknowledge that the instant wound occurred due to military service after deliberation by the Board of Patriots and Veterans Entitlement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of all the circumstances, including the Plaintiff’s assertion that he sustained violence from his superior and appointed soldiers while serving in the military, the time when the Plaintiff served in the military is the highest time of the occurrence of the injury of this case, and the time when the Plaintiff was hospitalized in the instant case on September 6, 1985 and September 13, 1985 and September 24, 1985, immediately after the discharge of the Plaintiff, it can be recognized that the difference in the instant case occurred due to violence and cruel acts during military service or that the person with mental illness aggravated beyond the natural progress. However, the disposition of this case, which did not recognize proximate causal relation between the wound of this case and the military performance of official duties, is unlawful.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services

Article 4(1)6 (the protection and security of the State or the protection of the lives and property of the people, as stated in Article 4(1)6).

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