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(영문) 부산지방법원 2016.05.25 2015구단2097
국가유공자 및 보훈보상대상자 요건비 해당결정처분취소
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 the Army on December 9, 1991 and was discharged from military service on July 10, 1993.

B. On June 29, 2015, the Plaintiff asserted that “psychronia” (hereinafter “psychronia”) occurred by being subject to appointment soldiers or executives at the military service, while serving in the military, and filed an application for registration of persons who rendered distinguished services to the State with the Defendant on the same day.

C. On October 22, 2015, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the instant wounds are not deemed to have been caused or aggravated due to military duties or education and training.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was the circumstances before entering the Plaintiff, but the instant difference occurred as the Plaintiff was subject to harsh treatment from a senior soldier or executive officer during military service.

Therefore, there is a proximate causal relationship between the instant difference and the military performance, and the Defendant’s disposition of this case on a different premise is unlawful.

B. Determination 1) If the Plaintiff asserts that the disease occurred due to the performance of duties or education and training, there should be a proximate causal relationship between the performance of duties or education and training in order to constitute “a difference in the performance of duties or education and training” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State) and Article 2 Subparag. 2 of the Act on the Support for Persons Eligible for Veteran’

Such causal relationship is not necessarily required to be proved clearly in medical or natural science, and in consideration of all circumstances, education, training, performance of duties, injury or disease.

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