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(영문) 의정부지방법원 2016.01.20 2014구단5093
국가유공자 및 보훈보상대상자 비해당결정처분 취소
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. On November 9, 1998, the Plaintiff entered the Republic of Korea with the maturity of January 8, 2001.

B. On August 22, 2013, the Plaintiff asserted that, during the military service period, a mentally divided disease (hereinafter “instant injury”) occurred, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with the Defendant.

C. On January 9, 2014, the Defendant decided that the Plaintiff did not meet all the requirements for persons eligible for veteran’s compensation under the Act on the Honorable Treatment and Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support for Persons of Distinguished Services to the State”) on the ground that the Plaintiff did not confirm the suspicion of cruel conduct related to military duties, the two parts’ external wounds, etc., and that there is no objective evidence to deem that the Plaintiff performed excessive duties to the extent that it could have caused mental illness or was faced with stress environment difficult to sense.

(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, 7, 8, and Eul evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) and the whole purport of oral argument

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not have received treatment for mental illness before entering the hospital, and was faithfully and healthy as a young person with severe brain and strong self-reliance.

However, while living in the military unit, the military officer was able to take a bath twice a day to the elected soldiers without any special reason, and in particular, from B, he was able to take a serious bath and sacrife each day.

The plaintiff raised an official issue within the military with regard to the sacrifies and cruel acts several times, and eventually has been successful to eradicate sacrifies and cruel acts.

However, the plaintiff is a major military life.

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