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(영문) 부산지방법원 2016.01.20 2015구단20507
국가유공자등록거부취소
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. The Plaintiff entered the Army on January 20, 1976 and was discharged from military service on September 23, 1977.

B. On April 4, 2012, the Plaintiff filed an application for re-registration of a person who rendered distinguished services to the State on the ground that he/she was different from the Defendant’s “complication” and “mental disease.”

(hereinafter above (hereinafter referred to as “surgic pain” and “mental disease” collectively referred to as “each of the instant injury and disease”).

On September 19, 2012, according to the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant notified the Plaintiff that there is no proximate causal relation with the performance of official duties in each of the instant superior branches, and that the Plaintiff does not fall under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguish

(hereinafter “instant disposition”) D.

On December 3, 2012, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on April 9, 2013.

[Reasons for Recognition] The facts without dispute, Gap evidence 14, 24, Gap evidence 23-1, 2, Eul evidence 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged mental illness occurred due to uneasiness and difficult stress due to the lack of proper treatment while entering the military, although the plaintiff did not have any error in the health before entering the military. There was a proximate causal relationship between each of the above branches of this case and the plaintiff's performance of official duties in the military of this case.

Therefore, the defendant's disposition of this case made on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including diseases in official duties while on duty education and training or performing duties)

The term "military personnel or police officers" means the injury or disease of military personnel or police officers during education and training or in the performance of their duties, so education and training is different as provided in the above provision.

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