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(영문) 부산고등법원 2015.06.12 2014누21714
국가유공자 등록 거부처분 취소청구
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 2004, when the Plaintiff was enrolled in a middle school, the Plaintiff was diagnosed as an excessive behavioral disorder (ADD), and continued to undergo medication until October 2008 when he was enrolled in a high school. The Plaintiff’s life records of the Plaintiff’s middle and high school showed that the Plaintiff actively participated in school events or volunteer activities, and that in the case of high school teaching materials, the Plaintiff was relatively exemplary and normal school life.

B. On July 1, 2009, the Plaintiff entered Busan National University C in 2009, and undergone a draft physical on July 1, 2009. The Plaintiff was judged as normal in a mental department, area, etc., and entered the same as Drhymology education on June 8, 2010.

C. On June 9, 2010, the day following the date on which the Plaintiff entered the National Armed Forces Educational Team, the Plaintiff was judged to have failed to pass a new personal examination to predict the possibility of mental illness and the possibility of an accident. On the same day, the Plaintiff was diagnosed by a psychiatrist at the National Armed Forces Hospital. On the same day, the military doctor F, who provided medical treatment, decided to continue to observe the Plaintiff and continuously put the Plaintiff into the training.

On June 25, 2010, the Plaintiff began to be unable to take action and undergo normal training due to lack of understanding from around June 25, 2010, which is 3 parking lots in the training center education, and the situation has deteriorated, such as aiding himself/herself to do violent behavior.

Accordingly, on July 1, 2010, the Plaintiff was diagnosed with a psychiatrist at the Armed Forces Busan National Armed Forces Hospital, and on the basis of symptoms and past illness, etc. seen by the Plaintiff, F of the Military Officers diagnosed the Plaintiff as ADD and performed a drug control.

E. On July 14, 2010, the Plaintiff was provided medical treatment at the National Armed Forces Busan District Hospital on July 14, 2010 because the symptoms were not mitigated. On July 15, 2010, the Plaintiff was bound by the front of and complementary measures, and as a result, the Plaintiff was forced to go back to the supplementary belt.

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