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(영문) 수원지방법원 2019.04.05 2016구단8993
국가유공자등록거부처분 등 취소청구
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on June 26, 2015.

Reasons

1. Details of the disposition;

A. On December 4, 2000, the Plaintiff was discharged from the military service on April 22, 2002, while serving as a police officer by entering the Army, and on April 22, 2002.

B. The Plaintiff filed an application for re-registration with the Defendant on the ground that the cruel act of the appointed soldiers while serving in the military resulted in an “incompetuous depression, depression, bipolartic disorder, and fluoral disorder” (hereinafter “instant wounds”).

C. On June 26, 2015, on the ground that there is no proximate causal relation between the outbreak or aggravation of the instant wounds and the Plaintiff’s performance of military duties or education and training, 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”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that there was no mental problem before entering the Plaintiff, and the Plaintiff was subject to save and harsh treatment against the appointed soldiers, thereby resulting in the instant wound due to stress.

Therefore, the difference in this case has a proximate causal relation with military duty or education and training.

As such, the plaintiff constitutes a person of distinguished service to the State, and the plaintiff constitutes a preliminary person eligible for veteran's compensation.

B. The plaintiff entered the Army on December 4, 2000.

Before entering the Plaintiff, the Plaintiff had a nature of resistant nature, but there was no fact that the Plaintiff was mentally treated or treated, and was judged to be "normal" in both the mental and psychological field in the enlistment examination.

The plaintiff was placed in the Kimpo Police Station on January 19, 2001 after he supported the auxiliary police and received the basic education for police officers.

In early April 2001, the appointment soldiers of the Plaintiff saw the Plaintiff’s chest, buckbucks, face, etc. from that time to that of early April 2001, and prevented the Plaintiff from driving with double arms, and then bucks, etc.

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