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(영문) 서울행정법원 2019.04.25 2018구단59727
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 26, 2008, the Plaintiff entered the Army and discharged the Plaintiff from military service on January 23, 2010.

B. On January 6, 2017, the Plaintiff asserted to the Defendant that “ADD deficiencies, language disorders, and intellectual intelligence disorders (hereinafter “instant injury”) occurred due to military service in the instant case, but according to the overall purport of the statement and pleading in the evidence No. 1, the above injury was not included in the application for registration as a person of distinguished service to the State, etc., which was the premise for the instant disposition, and in determining whether the instant disposition was unlawful, the Plaintiff applied for registration as a person of distinguished service to the State, etc. by applying for registration as a person of distinguished service to the State, etc.” (hereinafter referred to as “the above injury”).

C. On April 26, 2017, the Defendant appears to have entered the Plaintiff with ADD, language disorder, and low intelligence. In addition to the Plaintiff’s statement, the instant injury was caused or aggravated by the Plaintiff’s performance of specially excessive duties beyond the scope of general military service or working in a special business environment.

Specific, objective records are not verified, sacity and cruel acts, etc., which are found to have rapidly deteriorated beyond the natural progress speed due to timely or appropriate treatment or measures, and there was a tort inside the military.

In light of the fact that it is difficult to view that there is a proximate causal relation with the performance of military duties, the injury of this case occurred during the performance of military duties or during education and training directly related to the national defense, etc., when considering the fact that the injury of this case was not verified on the two parts due to the performance of military duties, and that it is difficult to view that there was a proximate causal relation

The occurrence or aggravation of proximate causal relationship in the performance of military duties or education and training has been caused.

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