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의정부지방법원 2018.11.08 2018구합12485
국가유공자요건비해당결정취소
Text

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

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

Reasons

1. Details of the disposition;

A. On November 2, 2010, the deceased B (hereinafter “the deceased”) was discharged on August 8, 2012 from military service on the date of maturity on August 2, 2012 while serving in the three joint units of the 7th volunteer soldier group in the Army as a short-term soldier, and later committed suicide on February 25, 2017.

B. On March 7, 2017, the Plaintiff, who is the father of the Deceased, filed an application for registration of bereaved family members of a person of distinguished services to the State with the Defendant on the ground that “The deceased was discharged from the military service while serving in the military, showing symptoms of mental disorder due to the military unit’s minor dispute, burden of responsibility for the illness, etc. of training soldiers, etc., while serving in the military, and was discharged from the military in the military Chuncheon Hospital, Chuncheon Hospital, which led to suicide due to a recurrence of symptoms that have occurred again after re-gradation, graduation, and re-exploitation of symptoms after re-ened, thereby resulting in suicide.” (hereinafter “the instant difference”).

C. After deliberation and resolution by the Board of Patriots and Veterans Entitlement, on August 4, 2017, the Defendant issued a disposition against the Plaintiff on the ground that the Plaintiff does not meet the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (bereaved family members) on the ground that “it is difficult to recognize that the instant wounds were caused by considerable causal link with military performance or education and training directly related to national defense, security, etc., or that they were caused by considerable causal link with other duties or education and training.”

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 4, 10 through 13, Eul evidence Nos. 1, 2 and 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Inasmuch as the Plaintiff’s assertion occurred due to excessive work and stress while serving in the military, and resulting in suicide after discharge, it is obvious that there is a proximate causal relationship between the deceased’s performance of military duties or education and training and the instant difference.

That is, it is different.