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(영문) 대구지방법원 2017.02.10 2015구단481
국가유공자요건비해당결정취소
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 September 25, 2006, the Plaintiff joined the Marine Corps and was discharged from military service on September 11, 2008, and argued that a mental disease has occurred due to appointment and collective bullying and cruel treatment of the members of the military police, while living in the military due to suppression and stress after falling off the training of the special police team. On February 24, 2009, the Plaintiff filed an application for registration with the Defendant on the ground that “it is difficult to confirm medical causal relationship that mental disorder has occurred due to stress experienced during military service,” at the Veterans Examination Council ( April 21, 2009), it was deliberated and decided that it does not meet the requirements for persons of distinguished service to the State.”

B. On June 17, 2014, the Plaintiff filed an application for re-registration of a person of distinguished service to the State on the grounds that the Plaintiff caused mental illness by the sacrifies and harsh acts of the appointment during the service of the Marine Corps. However, the Defendant rendered the instant disposition against the Plaintiff on December 15, 2014 following deliberation and resolution by the Patriots and Veterans Examination Committee (No. 25, 2014), that “mental disease (unclaimed disorder, psychotropicism, and sacrifties)” (hereinafter “the instant wound”) applied for, against the Plaintiff, that the applicant does not meet the requirements for persons of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished

【Facts without dispute over the grounds for recognition, entry of Gap-1, Eul-1 and 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Defendant’s disposition of this case is unlawful, even though he/she recognized a disease caused by official duty in the military unit, by entering the military with the mental and physical health of the Plaintiff.

B. (1) Determination is made based on Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2 Subparag. 2 of the Act on Support for Persons Eligible for Veteran’s Compensation.

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