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(영문) 대구지방법원 2015.04.03 2014구단10627
국가유공자 요건 비해당 처분 취소 청구
Text

1. On March 13, 2014, the Defendant’s disposition of non-conformity of the requirements for persons eligible for veteran’s compensation against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 27, 2004, the Plaintiff was discharged from active service on August 26, 2006 by entering the Gyeongbuk Provincial Police Agency as an auxiliary police officer.

B. On March 5, 2009, the Plaintiff received medical treatment at the police hospital with a mental disorder while serving as an auxiliary police officer, and was diagnosed as a colon’s disease (hereinafter “the instant wound”), and filed an application for registration of persons who have rendered distinguished services to the State with the Defendant on November 5, 2013.

C. Accordingly, on March 13, 2014, the Defendant rendered a non-specific decision-making disposition on the requirements for persons who have rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that the instant wound against the Plaintiff was not recognized to have been caused or aggravated as a consequence of the performance of duties or education and training during military service.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 3, 5 (including paper numbers), Eul’s evidence No. 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he was admitted to an auxiliary police officer in the absence of any particular mental problem. In the course of the training for a new illness, the injury and disease in this case occurred, and the military unit to which he was affiliated with the strict discipline and control, was subject to severe stress due to a cruel act while living in a closed military base in accordance with the strict discipline and control in the military unit to which he was affiliated, and the symptoms have rapidly aggravated due to the failure to receive appropriate treatment at the police hospital.

Therefore, since the difference in this case is recognized as a proximate causal relation with the performance of duties or education and training during military service, the prior defendant's disposition of this case is unlawful on different premise.

(b) as shown in the attached Form of the relevant statutes;

C. On August 27, 2004, while attending Daegu University C, the Plaintiff received basic training for four weeks at the rice training center and the Central Police School, respectively.

On October 19, 2004, the plaintiff was placed in the Gyeongbuk Provincial Police Agency B, and moved.

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