2013Guhap20248 Revocation of a decision that meets the requirements for persons of distinguished service to the State

A

Head of Changwon Veterans Branch Office

February 25, 2014

March 25, 2014

1. The decision that the Defendant rendered to the Plaintiff on March 8, 2013 pertaining to the requirements of persons who rendered distinguished services to the State and persons eligible for veterans shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On Jan. 10, 200, the Plaintiff entered the Army Training Center in the Army, and served for the Army B units No. 8539 of the 31st Army on Mar. 7, 2000. The Plaintiff was diagnosed as adaptation disorder during military service and received treatment at the Armed Forces Mine Hospital from April 26, 2001 to June, 7, 2001. The Plaintiff was discharged from military service on Jan. 17, 2002, due to nutritional lack, and an empty blood transfusion.

B. On November 7, 2012, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State by alleging that depression, stressed disability, food disability, and mental division (hereinafter “instant wounds”) occurred due to the violence, verbal abuse, bullying, excessive work, etc. of appointed soldiers while serving in the military.

C. On March 8, 2013, on the ground that the instant wound was confirmed to have no causal relationship with the performance of official duties, the Defendant rendered a decision that rendered a non-specific decision on the requirements for persons who rendered distinguished services to the State and persons eligible for veterans (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 5, Eul evidence 6-1, 2, Eul evidence 8 and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Although the Plaintiff entered the military in a state of health before entering the military, the instant disposition is unlawful, since there was a proximate causal link between the Plaintiff’s performance of military duties and the instant case’s difference, due to the personality Modsia, assault, bullying, excessive duties of the senior soldiers who continue in the military service, and thus, they suffered from mental and physical stress.

B. Relevant legal principles

The term "disease in education and training or in the performance of duty (including illness in the line of duty)" referred to in Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State refers to the injury or disease of military personnel or police officials during education and training or in the performance of duty. Thus, in order to be different from the above provision, there should be a proximate causal relationship between education and training or in the performance of duty and the injury or disease. In order to be different from the above provision, there should be a proximate causal relationship between education and training or in the performance of duty and in the performance of duty, as well as in the case of injury or disease caused directly by education and training or in the performance of duty, or in the case of aggravated or aggravated because the existing disease overlaps with an excessive degree or group due to education and training or in the performance of duty, the causal relationship must not be necessarily proved clearly by medical and nature, but it should be determined based on the health and physical conditions of the relevant military personnel, etc. (see, e.g., Supreme Court Decision 2007Du12527.).

(c) Fact of recognition;

1) On February 10, 1998, the Plaintiff graduated from the Changwon E High School with Dives second children, and continued to study in the F University Electric Engineering Department on January 10, 200. At the time of entrance, the Plaintiff was found to have a physical strength of 175cc and 57cc in body in the physical examination at the time of entrance, and was judged to have a normal judgment in the internal department, mental department, etc.

2) The Plaintiff did not suffer from mental illness or have received treatment before entering the hospital, and there was no person with family capacity for mental illness within the Plaintiff’s house.

3) On January 10, 200, the Plaintiff was admitted to the Army Training Center and received military training on March 7, 200, and was assigned to the B Units of Units No. 8539 of the Army on March 7, 2000. The Plaintiff first worked as the situation soldier in the military situation room, and entered the nearby sea at night, and reported it to the upper part, and the Plaintiff was in charge of various duties as an assistant to the operations division during the night. The Plaintiff was a new soldier and was on duty from 12:0 to 4:00 to 4:0 new walls during the night.

4) While having been making efforts to adapt to military life due to a usual and passive nature, the Plaintiff was boomed by the senior soldier, such as that he was late engaged in drinking booming and was in poor sanitary conditions. In addition, the Plaintiff was bullyingd by the senior soldier on the ground that the Plaintiff had the Plaintiff deducted the Plaintiff at the time of leaving a store, or that the Plaintiff was forced to bullying by failing to respond to the case at the time of conducting personnel management.

5) Around that time, the Plaintiff lost a food bath, the physical weight was rapidly lowered, and the Plaintiff complained of an uneasiness and depression that was receiving medical treatment from the Armed Forces Mine Hospital due to fire-fighting deterioration. The Plaintiff was diagnosed by an adaptation disorder that needs to be observed in the Armed Forces Gwangju Hospital with a view to the need for a psychological and mental therapy and observation, and was hospitalized from April 26, 201 to June 7, 2001.

6) Around that time, the Plaintiff was unable to perform the duty of a situation-based soldier due to the foregoing reasons, and the assignment was changed to an officer, a restaurant, and a cook.

7) On August 2, 2001, the Plaintiff appeared to have symptoms, such as physical reduction, nutrition, fire extinguishing disability, uneasiness, depression, and social adaptation shortage, etc., and was diagnosed as requiring a mental and medical treatment within a given period on the grounds that food and after-the-counter stress disorder are doubtful. The Plaintiff was treated again at the Armed Forces Mine Hospital on December 1, 2001 due to nutritional disorder, an empty transfusion, etc., and at that time, the Plaintiff’s body was only 42 km.

8) On January 17, 2002, the Plaintiff was discharged from military service on a non-major basis upon a diagnosis on the fact that there is no major defense in the Armed Forces Mine Hospital, and that the physical strength and physical conditions have deteriorated long, making it impossible for the Plaintiff to serve in a normal military service.

9) Even after discharge, the Plaintiff continued to receive medical treatment due to symptoms, such as depression disorder, food disorder, negotiology, simple mental disorder, and neutism.

10) The Plaintiff’s instant wounds are medically likely to have a combination of factors, such as genetic, biological, environmental, social, and other causes, etc., and are known to be likely to cause the outbreak of mental stress and aggravation thereof during military performance.

[Ground of recognition] A without dispute, Gap evidence Nos. 5 through 10, Gap evidence Nos. 12 through 19 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2 through 8, Gap evidence Nos. 2 and 28, Gap evidence Nos. 2 and 28, Eul's testimony to the director of the regional office of police office in the Republic of Korea of this Court, the result of inquiry to the director of the regional office of police office in the Republic of Korea of this Court, the result of request for the examination

(d) Markets:

Based on the above facts of recognition.

The Plaintiff did not have any symptoms of mental illness such as receiving a normal judgment on the mental department as a result of the physical examination before entering the military, and there was no person showing symptoms of mental illness among the Plaintiff’s family members. The Plaintiff, the owner of a usual and severe nature, after entering the military, could have been difficult to adapt to the ordinary military life by issuing and following orders. Nevertheless, the Plaintiff made efforts to adapt to the military life according to the rank, but it seems that there was a lack of water surface and the class bullying received by the appointed soldiers due to night duty, resulting in a sudden decline in physical condition, and appeal for symptoms such as apprehension, depression, depression, etc.

Such psychological and social factors may also be one of the causes of the outbreak of food disorder or mental fission, and considering various circumstances, such as the fact that the Plaintiff is a private person residing in a military area and there are no special circumstances that may cause the outbreak of mental fission except for various stress that he or she suffers in the military service, it is reasonable to conclude that the difference in this case is the stress that the Plaintiff, who is mentally vulnerable, was suffering from the stress that he or she experienced in the process of responding to the new environment of the military life after entering the military, and that the person with mental disorder becomes worse due to collective bullying in the military area.

Therefore, there is a proximate causal relationship between the military performance of official duties and the instant difference, and the instant disposition based on a different premise is unlawful.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

The presiding judge, judge, Gimhae

Judges Lee Jae-hwan

Judges Kim Gin-young