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(영문) 인천지방법원 2017.02.14 2016구단77
국가유공자 및 보훈보상대상자 비대상 결정 취소
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 January 22, 1987, the Plaintiff entered the Army and was assigned to the first police officer on March 1987. From around April 10, 1987, the Plaintiff was hospitalized due to mental fission and was discharged from military service on August 20, 1987.

B. On April 28, 2015, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State, claiming that the mental illness occurred due to harsh treatment by an appointed soldier during military service, etc., and filed an application for registration of persons who have rendered distinguished services to the State.

C. Accordingly, on October 23, 2015, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that there is no objective evidence to prove that the instant wounds occurred due to military service after deliberation by the Board of Patriots and Veterans Entitlement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was placed in the highest unit and was under serious stress to the extent that he was unable to detect by being subjected to harsh acts, such as coercion, night work, fying work, chronology, electric field newsletter, verbal abuse, assault, etc. The difference in this case is deemed to have occurred due to the above harsh acts, etc., or the person with mental illness was aggravated beyond natural progress and became worse, and thus, the difference in this case was unlawful on the premise that proximate causal relation between the difference in this case and military service is not recognized.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services

(2) Article 4(1)6 of the Act (the protection and security of a State or citizens of the Republic of Korea referred to in Article 4(1)6).

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