(영문) 창원지방법원 2018.04.18 2016구단10269

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(영문) 창원지방법원 2018.04.18 2016구단10269

국가유공자요건비해당결정취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On February 21, 1978, the Plaintiff entered the Army and discharged the Plaintiff from military service on January 8, 1981.

B. On July 29, 2015, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State or a person eligible for veterans on the ground that “the Plaintiff caused a mental illness due to military service,” but the Defendant, on January 20, 2016, issued the instant disposition to the Plaintiff on the ground that “the Plaintiff’s mental illness was caused in the course of performing military duties or education and training directly related to the national defense, etc., or is not deemed to have been caused or aggravated by proximate causal relation with military duties or education and training.”

[Reasons for Recognition] Gap evidence Nos. 11 (including branch numbers), Eul evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was suffering from mental disorder due to the crypology after entering the Plaintiff, etc., and the Plaintiff was eventually suffering from mental illness due to the lack of proper treatment due to military life.

Therefore, the Plaintiff’s disease is deemed to have been caused by the performance of military service or to have deteriorated more than natural progress, and thus, the instant disposition taken by the Defendant on a different premise is unlawful.

B. (1) The plaintiff entered the court on February 21, 1978, and was assigned to the B B soldiers of the 20th rank on May 1978.

(2) The plaintiff returned late after the leave on January 1, 1979. The military officer in charge stated that the plaintiff appeared to have a mental disorder on January 11, 1979, and sent the plaintiff after the second hospitalization (from January 19, 1979 to April 23, 1979): the plaintiff shall be deemed to have jointly and severally agreed on the first hospitalization (from January 19, 1979 to April 23, 1979): the leave on December 28, 1978; the expected return of January 11, 1979; and the second transfer of the plaintiff on January 2, 200 to another person after the second transfer of the plaintiff.

Persons around August of the year shall be from August of the year.

유사 판례

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