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(영문) 서울고등법원 2015.09.16 2015누34764
국가유공자요건비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Additional Decision] In light of the historical situation, etc. at the time of the Plaintiff’s military service, the Plaintiff asserts to the effect that there is a proximate causal relation between the two in this case and the Plaintiff’s military service, since the existence of sacity and cruel act against the Plaintiff is not subject to strict proof, but is itself a fact that can be inferred.

In full view of various circumstances acknowledged by the evidence adopted by the first instance court cited earlier, including the places where the Armed Forces Pyeong-gu Armed Forces Office and the Armed Forces Water Service Hospital were beds, the Armed Forces Water Service Hospital, and the patient beds of the Armed Forces Confection Hospital, medical opinions, etc., the Plaintiff started to receive hospital treatment under the name of a sick person from the following month after the Plaintiff entered the Gun. In light of the content of the medical record, the Plaintiff’s mental illness caused by the Plaintiff is highly likely to be caused or aggravated due to the Plaintiff’s physical genetic talent or personal circumstance unrelated to the military service. It is difficult to recognize the Plaintiff’s military unit as a unit where the Plaintiff’s military unit was working, and there is no objective data to support the Plaintiff’s mental shock or stress, such as assaulting the Plaintiff, systematic bullying, etc., and thus, it is difficult to deem that the Plaintiff’s mental distress or stress occurred during the military service alone or aggravated beyond the development of the instant natural disaster or stress.

According to this, the plaintiff's assertion is rejected.

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