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(영문) 대구지방법원 2014.06.27 2013구단3028
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 August 2, 2011, the Plaintiff entered the Army and served in the 22th Military Service Corps on August 2, 201, and was discharged from military service on May 6, 2013.

B. On May 21, 2013, the Plaintiff brought a dispute to the Defendant on February 19, 2013, which was serving in the military, on the appointment and appointment of the Defendant as a non-explosive work, and was serving five days.

Around April 5, 2013, on the ground that the instant injury and disease occurred (hereinafter “instant injury and disease”), the Defendant applied for registration as a person of distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “person eligible for veteran’s compensation”), but on August 30, 2013, rendered a decision that the instant injury and disease were not recognized to have occurred due to the Plaintiff’s failure to perform his/her duty while serving in the military (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 3-1 to 3, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was suffering from mental health, and the injury of this case was caused by severe social and environmental stress, and thus, proximate causal relation is recognized with the performance of military service. The injury of this case is recognized as having been caused by proximate causal relation with the injury of this case while serving in the military.

Therefore, the Defendant’s disposition of this case is unlawful on a different premise.

(b) Determination 1) Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State”)

"In order to be applicable, there should be a proximate causal relationship between performance of duties or education and training, injury or disease, and the existence of a proximate causal relationship must be proved by the assertion of such proximate causal relationship.

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