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(영문) 서울행정법원 2013.12.20 2012구단19703
국가유공자요건비해당처분취소
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 August 3, 1964, the Plaintiff was discharged from military service on September 1, 1965 by Vietnam War while serving in the Marine Corps on August 3, 1964.

B. The Plaintiff filed an application for registration of persons of distinguished service to the Republic of Korea for the following reasons: (a) on September 27, 2011, the injury in the instant case cannot be found proximate causal relation with the performance of military duties, such as combat, etc. on the following grounds; (b) on March 7, 1991, it was confirmed by a clinical diagnosis that the cardiopathsis was discovered through a clinical diagnosis; and (c) on March 7, 1991, it was confirmed on March 24, 191, when 24 years have passed since the discharge of the military, that the Cheongpathic typhism was found to have occurred in each of the following areas; and (d) on March 7, 1991, it is difficult to recognize that there was a possibility that the Cheongpathic tyman was more likely to proceed due to the Plaintiff’s age increase; and (e) the Plaintiff’s medical opinion that it was difficult to recognize the outbreak due to combat from the Vietnam War.

Although the diagnosis records of the " external stress disorder, major depression disorder" in the medical certificate of diagnosis are confirmed, there is no objective proof data that can prove that the diagnosed trauma disorder was caused by the performance of military duties, such as combat action, in addition to the applicant's statement, 40 years after the discharge of the military.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1's evidence, purport of whole pleading

2. Whether the disposition is lawful;

A. At the time of Vietnam War, the Plaintiff was intensively exposed to a series of battles, total bombs, and bombs in a large number of battles as communications soldiers, and the Plaintiff’s immediate adjacent witnessed a brue bomb, which led to the occurrence of the instant wounds. However, in the case of the Vietnam War, the hospital equipped with a machine that could reduce the bombs test.

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