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(영문) 울산지방법원 2013.06.27 2012구합1765
국가유공자 등록거부처분취소
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 entered on March 19, 2007 for the same year

4. 27. Combat police officers assigned to the same year;

5. 11. On February 24, 2009, a combat police unit affiliated with the Incheon Regional Police Agency was discharged from active service.

B. On February 14, 2012, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State on the ground that the Plaintiff suffered heavy stress due to verbal abuse by an appointed soldier, an old and advanced training (hereinafter “instant injury”).

C. On April 27, 2012, the Defendant rendered a decision that did not correspond to the requirements of a person who rendered distinguished services to the Plaintiff on the ground that there is no proximate causal relation with the instant superior branch and public duties (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 3, 6, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there is a proximate causal relation between the above branch and the military service of this case, since the plaintiff was wounded without a large degree of health and caused severe stress as a result of verbal abuse of high training and appointment soldiers, and as a result of severe stress, there is a proximate causal relation between them.

B. Determination 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 the injury or disease of military personnel or police officer during education and training or in the performance of duty. Thus, in order to become different as prescribed by the above provision, there is a proximate causal relation between the education and training or in the performance of duty and the injury or disease, and the causal relation between the injury and the injury should be proved by the assertion of the causal relation (see Supreme Court Decision 2003Du5617, Sept. 23, 2003).

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