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(영문) 서울행정법원 2014.03.06 2012구단28530
국가유공자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On February 8, 2011, the Plaintiff entered the Army and discharged from military service on January 28, 2012 due to physical pain and mental illness, and on January 28, 2012, the Plaintiff asserted that he/she was diagnosed as a bet disease, etc. due to a cruel act by the military life and by an appointed soldier, and that he/she applied for registration as a person of distinguished service to the State on application of each of the instant injuries (hereinafter “the instant wounds”).

B. On September 4, 2012, the Defendant: (a) notified the Plaintiff of the determination on the non-conformity of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that it is difficult to recognize the causal link with the performance of military duties; and (b) there is no objective data to recognize the symptoms accompanied by the said bet disease or excessive stress that may lead to the remaining wounds.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence No. 1, and the purport of the whole pleading

2. Whether the disposition is lawful;

A. Before entering the Plaintiff’s assertion, there was no king as to the instant wounds, and only during the military service and training with excessive results, there was a proximate causal relation between the instant wounds and the performance of duties of the military.

B. (1) The term “an injury during education and training or in the performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State refers to a soldier or police officer’s injury or disease during education and training or in the performance of duty, and there is a proximate causal relation between education and training or in the performance of duty and the injury or disease.

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