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(영문) 광주지방법원 2020.08.12 2020구단10039
국가유공자 및 보훈보상대상자요건 비해당결정처분 취소 청구의 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. On May 22, 2007, the Plaintiff entered the Army and discharged the Plaintiff from active service on April 26, 2009.

B. On June 29, 2007, the Plaintiff was hospitalized after the diagnosis of “malapsis” from October 17, 2007 to November 12, 2007, and was hospitalized after the diagnosis of “malapsis” from November 13, 2007 to January 2, 2007. From January 22, 2008 and from February 5, 2009 to March 5, 2009.

C. On April 30, 2019, the Plaintiff: (a) filed an application with the Defendant for registration of a person of distinguished service to the State, etc. on the ground that the applicant’s disability applied for registration was “an acute and daily mental disorder (hereinafter “the instant disability”); (b) on December 10, 2019, the Defendant rendered a decision that the Plaintiff was ineligible for the status of persons of distinguished service to the State and persons of distinguished service to the State on the ground that “the Plaintiff was determined as a person who does not meet the requirements under Article 4(1)6 of the Act on the Honorable Treatment and Support of 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 for Veteran’s Compensation for Injury

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was found to have improved the movement from the time of birth, but the ability to understand other’s words and instructions was reduced. However, after entering the Plaintiff, the Plaintiff was unable to promptly complete his/her operation without doing so, he/she was habitually subject to abusive and harsh treatment from his/her superior and appointed soldiers, and was subject to bullying from the motive.

Accordingly, the plaintiff's loss of self-determination and fear of military life did not lead to the recovery and diving, and led to abnormal symptoms, such as strawing, etc., and eventually, a sudden and mental disorder.

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