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(영문) 서울행정법원 2016.07.22 2014구단56256
국가유공자비해당결정처분 취소청구의 소
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. The plaintiff was discharged from military service on March 14, 1995 by entering the Navy, and was discharged from military service on July 14, 1997.

B. Around June 10, 2002 and around May 28, 2009, the Plaintiff filed an application for registration of a person of distinguished service to the State with two parts by asserting that mental illness had occurred due to stress and beautrony in military service, on two occasions. However, around November 19, 2002 and October 27, 2009, the Plaintiff received a decision of non-conforming to the requirements of a person of distinguished service to the State in accordance with the deliberation and resolution of the Ministry of Patriots and Veterans Affairs, respectively.

C. On March 31, 2014, the Plaintiff again filed for registration of a person of distinguished service to the State with the following grounds: (a) on the part of the Defendant on March 31, 2014, the Plaintiff filed a request for registration of a person of distinguished service to the State by asserting that “the Plaintiff was suffering from frequent sacity and cruel acts, spath, pu, hys, insulting, occupational duties, treatment of illness, etc.” with the Defendant, who had not undergone any medical treatment with regard to the previous conscription, and had shown any similar behavior with the military, from the time two years elapsed since entering the military.”

On August 8, 2014, the Defendant rendered a decision to the Plaintiff on the non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) in accordance with the resolution of the Board of Patriots and Veterans Entitlement.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by the difficulties in military life due to the arrangement of naval vessels, such as fishing boat environment, meals, rest, and securing of water surface time, etc., which the Plaintiff experienced while living in the military, the occurrence of mental division of the Plaintiff was caused and malicious due to mental stress, etc.

Therefore, the plaintiff's forces.

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