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(영문) 인천지방법원 2015.01.20 2014구단837
국가유공자비해당결정처분취소
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 May 28, 1992, the Plaintiff entered the Army and discharged from active service on August 11, 1994. On December 2, 201, 2013, the Plaintiff applied for registration of a person of distinguished service to the State on the ground that “hive disc, mental illness (e.g., depression)” was applied for registration to the Defendant.

B. On June 3, 2014, the Defendant decided and notified the Plaintiff that it was not a person who rendered distinguished services to the State or a person eligible for veteran’s compensation on the ground that the causal link between the injury and the military duty is not recognized.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] The fact that there is no dispute, and each entry in the evidence Nos. 1 and 2

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion has no mental illness symptoms before entering the military, and there is no person suffering from relevant diseases while in his/her family. Since the occurrence of a mental disease, such as hive disc and stimulative disorder, caused by save and stress during military service, and the disease has deteriorated beyond the natural progress speed, it should be recognized as a person of distinguished service to the State.

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

C. (1) Determination is based on the degree of performance of duties or education and training, the relationship between national defense and security, and the protection of people’s lives and property, the background of the wounds, and the existence and degree of negligence, etc., as prescribed by Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and persons killed or wounded on duty and persons wounded on duty and persons wounded on duty, as prescribed by Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation, Etc.,

In other words, in the case of soldiers and police officers on duty, the disease occurs as a direct cause of clear credit that occurred during the performance of their duties or education and training, or the performance of their duties or education and training are urgent.

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