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(영문) 대구지방법원 2019.06.14 2018구단10908
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On October 31, 2017, the Plaintiff entered the Army on September 30, 1987, and was discharged from the maturity on February 22, 1990, and filed an application for registration with the Defendant on October 31, 2017, on the ground that “from November 1, 1989, the Plaintiff, who had been discharged from active service, had been suffering from mental illness, such as he/she had been suffering from abnormal behavior since he/she was deprived of his/her superior.”

B. On April 10, 2018, the Defendant discharged the Plaintiff from the military service after receiving the diagnosis of “natural disorders, mental fissiona,” etc. at a military hospital during the military service. After discharge, the Defendant confirmed the fact that the Plaintiff was diagnosed as “unsified mental disease” at a private hospital after discharge and hospitalized treatment. However, there was a cruel act, such as mouth and verbal abuse related to the Plaintiff’s performance of military duties and education and training.

No objective evidence may also be verified to deem that the Plaintiff was faced with an improper situation, such as training and work specially advanced in the special working environment or in comparison with other fellows. The records that the Plaintiff stated in the mental health and the hospitalization record book of the private hospital for one year after discharge that “the Plaintiff was faced with the officer,” but this only was made on the basis of the Plaintiff’s statement, and it is difficult to view the records to be objective evidence because the record to cross-verification was not verified. Unlike the Plaintiff’s statement, the disease of this case, other than the Plaintiff’s statement, had a proximate causal relation with the military duty or education and training, has rapidly deteriorated at a natural progress level

In light of the fact that there is a proximate causal relationship with the military service solely on the ground that the disease occurred while in the military service without confirming specific and objective supporting materials that can be deemed to have deteriorated due to the lack of appropriate treatment or measures, the disease in this case is directly related to the national defense, security, etc. of the State.

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