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(영문) 서울행정법원 2017.04.27 2016구단64473
국가유공자 및 보훈보상대상자비해당 결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 28, 199, the Plaintiff entered the Army and was assigned to the 1st Ambane, and served as an Ambane control soldier, and was discharged from the military service on March 14, 2001 as a divided club failure (hereinafter “instant wounds”).

B. On May 3, 2016, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground that he/she severely suffered mental disorder due to his/her head, upon the Plaintiff’s ice boom as a commander on July 3, 2000, while serving in the military. However, on August 22, 2016, the Defendant rendered a decision on the Plaintiff on August 22, 2016 on the ground that the instant wound was not a disease that is relevant to education and training or performance of his/her duties (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have any mental disorder until he was enrolled before and after entering the military, but, on March 200, the Ammun Control Office prepared a report that does not match the number of paper ammunitions from the time he performed the Ammun Control at the Ammun Control Office around March 200, and caused severe stress by being treated unfairly, such as verbal abuse, assault, etc. whenever he reported to a appointed soldier or commander, and the instant wound occurred. Thus, insofar as proximate causal relation between the military duty and the instant wound is acknowledged, the instant disposition taken on the other premise is unlawful, even if the Plaintiff is a soldier or policeman on duty or a soldier or policeman on duty.

B. In order to constitute “an injury during education, training, or performance of duties” as provided for in the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and the Act on Support for Persons Eligible for Veteran’s Compensation, there should be a proximate causal relationship between education, training, or performance of duties and injury or disease

Gap evidence 2 to 5 respectively.

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