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(영문) 대전지방법원 2015.04.10 2014구단100803
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On March 23, 1995, the Plaintiff entered the Army Soldiers as B, and was discharged from military service on May 29, 1997.

B. On November 22, 2001, the Plaintiff registered as a mentally-class 2 disabled person, and on April 9, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the Defendant for “gal and mental certificate” with the Defendant.

C. On September 12, 2014, the Defendant presented a medical advice opinion to the Plaintiff on September 12, 2014, that “the applicant was able to find out a mental disorder on the ground that he/she did not perform the direction of the commander while serving in the military, and caused verbal abuse and assault while living in the military. However, in addition to the applicant’s statement, it is not verified specific and objective supporting materials to confirm that the mental disease occurred during the military service or caused the mental disease. In general, mental illness is not found in a medical advice opinion from a medical specialist who is unable to find the identity of a person eligible for veteran’s compensation in the event that the two parts of the two parts related to the military duty are generated without any external or dynamic disease, and there is no objective circumstance to deem that the applicant was suffering from mental or physical stress conditions to the extent that the mental disease was caused, and that there is no proximate causal causal relation between the applicant’s mental disease and the disease that occurred during his/her military service in the military and the disease or the disease caused in the military (hereinafter referred to as a direct causal relation to educational training or training.).”

[Ground of recognition] Facts without dispute, Gap 1 to 3, 5, and Eul 1 to 3, respectively.

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