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(영문) 서울행정법원 2015.11.05 2013구단54444
국가유공자요건비해당결정취소
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 June 11, 2002, the Plaintiff was discharged from military service on January 10, 2004.

B. On July 31, 2012, the Plaintiff filed an application for registration with the Defendant for distinguished service to the State, alleging that there was a cruel act during the military life that led to the occurrence of “contributatory disorder” (hereinafter “instant wounds”).

C. On November 26, 2012, the Defendant rendered a decision on the requirements for a person who rendered distinguished service to the State and on the non-conformity of the requirements for a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the instant wound is not recognized as having caused or aggravated causal link with the military duty or education and training” (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around August 13, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2, Eul evidence 7, 8, 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion completed basic military training for six weeks without any problem and was placed as a self-refensor.

After the posting of the self-defense, from the appointed soldiers, they were suffering from extreme anxiety, psychological burden, extreme mental pain, and they were discharged from the military service after being placed.

The plaintiff, while serving in the military police unit due to continuous rescue and suspicions, caused a mental scambling by the speech of the military police officer that the plaintiff can be subject to disciplinary action.

The Plaintiff did not have any mental problem before entering the Plaintiff, or even if there was a mental problem, in ordinary times, there was a basic disease that could normally work or an existing disease in a closed place such as the military forces, and caused continuous harassment and the injury of this case was caused. Thus, the injury of this case was caused by training or over-duty, etc., and is at least the natural progress speed.

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