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(영문) 대구지방법원 2016.04.29 2015구단1439
국가유공자및보훈보상대상자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On August 5, 1997, the plaintiff was admitted to the Army and was discharged from military service as an auxiliary police officer on October 4, 1999 and was discharged from military service on time on October 4, 199. The plaintiff alleged that the "mental fission certificate" (hereinafter referred to as the "mental fission certificate") occurred due to his head and telegraph from an appointed soldier during military service, and filed an application for registration with the defendant in 2004, but the defendant refused to render distinguished service to the plaintiff.

B. On July 31, 2014, the Plaintiff asserted the foregoing reasons and filed an application for re-registration with the Defendant, but the Defendant rendered a disposition of non-specificizing the requirements for persons who rendered distinguished services to the State (hereinafter “instant disposition”) on January 9, 2015 on the ground that it is difficult to recognize a proximate causal relationship between the instant wounds and the military performance of official duties.

C. The Plaintiff appealed and filed an administrative appeal on March 3, 2015, but was dismissed on June 16, 2015.

[Judgment of the court below] Facts that there was no dispute over the ground for recognition, Gap evidence Nos. 5 and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was made before the Plaintiff’s entry, there was a proximate causal relationship between the instant wounds and the military performance of official duties, since the instant difference occurred due to damage to the head due to a beta from an appointed soldier during the military service.

B. (1) There is no evidence to prove that there was a special injury or mental disease before entering the military, while there is no evidence to prove that there was a cruel act from a senior soldier, etc. in the military life.

(2) Medical opinions in the appraisal of medical records (1) Even if there were difficulties in human relations within a military unit, it cannot be the cause of mental fissionation, and environmental stress cannot be the cause of mental fissionation or the opportunity of outbreak.

(2) Although there are psychological grounds for the outbreak of mental fissions, it is the psychological situation of infant time even though it is accepted.

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