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(영문) 부산지방법원 2014.06.27 2013구합1264
국가유공자 등록 거부처분 취소청구
Text

1. The decision that the Defendant rendered to the Plaintiff on December 28, 2012 as not eligible for veteran’s compensation is revoked.

2. The plaintiff.

Reasons

1. The Plaintiff, who was born during the disposition B, completed the first-year course with the Busan Chicago University C, and went to the Army on June 8, 2010.

The plaintiff was diagnosed as an excessive behavioral disorder (ADHD) at the hospital in September 2004, while attending a middle school, and was treated in September 2008. However, the result of the physical examination for conscription was judged as normal in the area of the mental department.

After entering the National Armed Forces on June 9, 2010, the plaintiff was judged to be disqualified as a result of the examination of new personality conducted in the D History Education Team, and was diagnosed by a psychiatrist at the National Armed Forces Hospital on June 9, 2010, but military medical officers decided to observe the spirit and to participate in training once.

On June 25, 2010, the Plaintiff was unable to undergo normal training due to lack of understanding from around June 25, 2010, and appeared to have violent actions against the same training soldier who helps him/her, so on July 1, 2010, the Plaintiff was diagnosed by a psychiatrist at the National Armed Forces Busan Hospital, but a military doctor provided that he/she shall be diagnosed as ADD and treated drugs.

After completing the training course on July 19, 2010, the Plaintiff was arrested while attempting to escape immediately after the transfer to the fourth unit of the D History Group No. 125 jointly and severally. On the same day, the Plaintiff was hospitalized in the Armed Forces Daegu Hospital on July 22, 2010.

Since then, the National Armed Forces Daegu Hospital, when the plaintiff's situation was in progress, had the plaintiff receive hospitalized treatment at a private hospital from July 28, 2010 to September 13, 2010. On September 13, 2010, the Medical Investigation Committee of the National Armed Forces Daegu Hospital decided to diagnose the plaintiff as a mental fission disorder.

Accordingly, the plaintiff was discharged from military service on October 22, 2010.

After that, the Plaintiff filed an application for registration with the Defendant, but on December 28, 2012, the Defendant rendered a distinguished service to the State and a person eligible for veteran’s compensation under Article 4(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”).

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