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(영문) 수원지방법원 2014.10.29 2013구단3584
국가유공자및보훈대상자요건비해당결정처분 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 May 26, 1994, the Plaintiff entered the Gun and completed basic military training, and served in the 6163 unit Headquarters of the Army located in Seocheon-gun, Gyeonggi-do (hereinafter “instant unit”) and was discharged from military service on August 1, 1996.

B. On November 2012, the Plaintiff filed an application with the Defendant for registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation by asserting that a mental fission occurred during military service (hereinafter “instant wound”).

C. On April 23, 2013, the Defendant rendered a determination on whether a person who rendered distinguished services to the State or a person eligible for veteran’s compensation constitutes “instant disposition” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (1) had no mental or abnormal symptoms before entering the military. However, since the enlistment of the military, the Plaintiff had been under stressed to the extent that it was considerably long-term due to the unity and sensacy of an appointed soldier. In particular, the Plaintiff was treated with severe sensy from B, and accordingly, was under severe physical and mental stress, such as receiving a disciplinary action against a so-called so on.

(2) After maturity, the Plaintiff showed an abnormal behavior during leave, and there was a problem at home due to abnormal behavior continued after maturity, and eventually, the Plaintiff was hospitalized in a mental hospital and was diagnosed as the instant wound.

(3) The instant difference has a proximate causal relation with the Plaintiff’s military education and training and performance of duties.

B. The following facts can be acknowledged according to the record of Eul evidence No. 2, and the result of the request for the examination of medical records to the head of the reduced university hospital in this court, as well as the result of the request for examination of medical records.

(1) The date of the occurrence, the cause of the occurrence, the place of the occurrence, and the name of the injury, respectively, of the injury-related data of the instant case (A).

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