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(영문) 서울고등법원 2015.12.16 2015누52830
국가유공자등록거부처분등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Supplementary judgment] The plaintiff was judged by normal judgment in the field of mental health and personality at the time of the physical examination in the military in the trial, and was under stress by assault, harsh treatment, and bullying, etc. from his superior and appointed soldiers while in service. After discharge, the plaintiff asserts that proximate causal relation between the two in this case and the plaintiff's military service is recognized, since it was difficult to lead a daily life due to the above harsh treatment in the process of preparing the public official examination after discharge.

In full view of the details of the Plaintiff’s military service, the records of the Plaintiff’s entry before and after discharge, the records of the medical examination entrusted to the head of the Seoul Medical Center, etc. admitted by the first instance court as seen earlier, the evidence submitted alone cannot be inferred that the Plaintiff’s military service, stress, etc. caused the instant wounds or aggravated beyond the natural progress.

Before entering the military, the Plaintiff had been treated several times due to symptoms, such as anxiety, depression, and coercion.

While serving in the military, the Plaintiff did not receive medical treatment related to the instant wound at a military medical facility or private hospital, and began to receive the neutic spirit and treatment at least nine months after discharge.

Expert testimony has experienced a recurrence between 10th to 20th to 5th to 6th to average of 5-6 times of patients who frequently suffered from a disease caused by a combination of the following factors: 10th to 20th to 10th.

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