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(영문) 서울고등법원 2015.05.21 2014누4827
국가유공자비해당결정처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment, except where the defendant added a judgment on the matters alleged in the trial as set forth in the following paragraph (2). Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of

In the instant case where the Plaintiff’s assertion for further determination was recognized as a wound during the performance of his/her duties (hereinafter referred to as “official wound”), the psychological part of the instant wound was a obsive disorder and a friendly disorder, and it was not recognized as an official wound.

Accordingly, the Plaintiff applied for the registration of a person of distinguished service to the State, and stated only “gratual disability and leule disability” as a wound of the mental part.

In order to be subject to a disability rating, it should first be subject to a disability rating. “Ex-post stress disability” is not recognized as an official wound, and thus, it cannot be considered in the determination of the disability rating of this case, and the degree of the Plaintiff’s disability caused by coercion and depression falls short of the disability rating criteria.

Judgment

In full view of the records in Gap evidence Nos. 1 and 2 (including the branch number), the results of the examination of medical records entrusted to Samsung Seoul Hospital by the court of the first instance, and the purport of the entire arguments, ① the judgment (Seoul Administrative Court Decision 2008Gudan1108) that the instant wounds, including the plaintiff's coercion and Maul disorder, were rendered and confirmed as they were, and became, final and conclusive. ② The plaintiff filed an application for the registration of persons who rendered distinguished services to the State for the instant wounds, including coercion and Maul disorder, to the defendant. The defendant recognized the instant wounds, including the coercion disorder and Maul disorder, and conducted a physical examination against the plaintiff on August 25, 201, and ③ the medical record appraisal entrusted by the court of the first instance, exists where the plaintiff has a coercion disorder and Maul disorder.

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