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(영문) 서울고등법원 2016.04.15 2014누70688
국가유공자등록거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the reasoning of the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is as stated in Article 1(1) through 3.

2. Details of the further determination

A. The content of the Plaintiff’s assertion emphasizing at the trial of a party is a soldier or policeman on duty, since the Plaintiff suffered mental illness, such as adaptation disorder, etc., within the military forces due to sacrifies and cruel acts, and currently, she was discharged from active service due to the occurrence of mental disorder.

In other words, the plaintiff is deemed to have suffered from the early symptoms as well as the adaptation disorder even at the time of discharge from the military service, and is currently suffering from the adaptation disorder and the mental fission. Accordingly, the prior disposition of this case on a different premise should be revoked as unlawful.

B. Determination 1) “A soldier’s injury during education and training or in the performance of duty (including illness in the line of duty)” referred to in the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State refers to the soldier’s injury or disease during education and training or in the performance of duty. Therefore, in order to be different from the above provision, there is a proximate causal relation between education and training or in the performance of duty and the injury or disease, and the causal relation between the injury and the injury should be proved by the claimant’s assertion regarding the causal relation (see, e.g., Supreme Court Decision 2003Du5617, Sept. 23, 2003). It is proved that there is a proximate causal relation between education and training, in light of all the circumstances.

However, the cause of the outbreak and aggravation of modern medical science without reaching the degree of this.

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