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(영문) 서울행정법원 2018.03.30 2017구단59836
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

agency.

Reasons

1. Details of the disposition;

A. On June 21, 1994, the Plaintiff was diagnosed on June 12, 1996, when entering the Army and serving in the Army, and was discharged from military service on August 22, 1996.

B. On December 2, 2016, the Plaintiff applied for registration of a person of distinguished service to the Defendant on the basis of the difference in the instant case.

C. On February 10, 2017, the Defendant notified the Plaintiff of the pertinent decision and the pertinent decision for persons eligible for veteran’s compensation (hereinafter “each of the instant dispositions”) on the ground that “the instant wounds occurred due to the performance of duties or education and training directly related to the national defense and security, or the protection of the people’s lives and property, or there is a proximate causal relation with the performance of duties or education and training.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 11, and 12, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion does not have any mental disease prior to the military service, or there is no person with mental illness symptoms or there is no person who has received the treatment even among his family members.

However, after the plaintiff transferred to the 102 Communications Group, he was physically and mentally suffering from a physical or mental pain due to the sacrific and cruel acts of the appointed soldiers, around October 1995, he was assaulted by the head of D Byung who was an appointed soldier at the hospital in the hospital in the year of 195, and there were symptoms of sudden depression and sacrificing, and the other party's words were unable to lead internal life any longer because they were unable to understand well, such as foreign languages, and they were unable to respond.

Nevertheless, on May 28, 1996, the Plaintiff failed to undergo appropriate medical treatment before receiving outpatient treatment at the Armed Forces Chuncheon Hospital, and was diagnosed as having continuously aggravated the symptoms and was diagnosed as the instant wound.

Therefore, the difference in this case should be found to have a proximate causal relation with the plaintiff's military service.

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