1. On November 14, 2012, the Defendant rendered a disposition to deny a person who rendered distinguished services to the State and a person eligible for veteran’s compensation to the Plaintiff.

1. Details of the disposition;

A. On February 16, 1989, the Plaintiff entered the Army and was diagnosed with a mental fission during military service and received treatment from May 10, 1990 at the Armed Forces Daejeon Hospital, and was discharged from military service on July 14, 1990.

B. On July 2, 2012, the Plaintiff filed an application for registration with the Defendant for registration of a person who has rendered distinguished services to the State, asserting that “the mental fission was created due to excessive ices, etc. of senior soldiers during military service (hereinafter “instant wounds”).

C. On November 14, 2012, the Defendant rendered a decision on the Plaintiff’s non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wounds were confirmed to have no causal link with the military performance of official duties.

The plaintiff appealed to the Central Administrative Appeals Commission, but the above commission dismissed the above request on July 23, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that there was no physical or mental disorder before entering the Plaintiff, but the instant wounds occurred due to continuous rescue and cruel treatment of the appointed soldiers while serving in the military, thereby suffering from mental or physical pain.

Therefore, there is a proximate causal relationship between the Plaintiff’s performance of official duties and the instant difference.

Nevertheless, the instant disposition, based on the different premise, should be revoked as it is unlawful.

B. "A soldier or policeman wounded in the course of education and training or in the performance of duty (including illness in the line of duty)" as stated in Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran's Compensation means that a soldier or policeman wounded in the course of education and training or in the performance of duty (including illness in the line of duty), so the above provision is different