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(영문) 서울행정법원 2016.05.12 2014구단58085
국가유공자요건비해당및보훈보상대상자요건비해당결정취소청구의 소

1. The plaintiff's claim is dismissed.

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


Details of the disposition

On April 2, 2012, the Plaintiff entered the Air Force, and served as the oil supply-demand of the 18th M&A in the Air Force. On May 24, 2013, the Plaintiff was discharged from active service on the ground of “mix and other personality disorders, network failure, and other emulative static disorder (hereinafter collectively referred to as “instant injury”).

On June 18, 2013, the Plaintiff: (a) caused the instant injury and disease to the Defendant due to sexual harassment, assault, and unfair conduct by a senior soldier during military service; and (b) filed an application for registration of persons of distinguished service to the State; and (c) on February 12, 2014, the Defendant rendered a decision that the instant injury and disease was not likely to have occurred due to the Plaintiff’s performance of duties (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, entry of Gap evidence 1 through 4, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff asserted the legitimacy of the disposition of this case, but there was no mental disorder before being admitted, but there was a continuous sexual harassment, violence, cruel acts, etc. from the appointed soldiers after being placed in her place of residence, and serious stress.

Therefore, since the Plaintiff’s injury or disease was caused by stress during military service, there is a proximate causal relation between the duty of the military and the injury or disease of this case.

Nevertheless, the Defendant’s disposition that did not recognize the Plaintiff as a soldier or policeman on duty or military person is unlawful.

Facts of recognition

On June 12, 2012, the Plaintiff was placed in the 18 Track Mon Flight Team, and was assaulted against the chest on June 16, 2012 by the head of the same military unit, “unclaimed horses” and the head of the same military unit. On June 20, 2012, the Plaintiff made a statement of sexual harassment, such as “hered his/her father and wife when she was married with others.”

On June 26, 2012 to June 29, 2012, the Plaintiff was subject to disciplinary action on August 9, 2012, 15 on the ground that: (a) the Plaintiff took an influent attitude, such as not doing funeral, against his/her superior; and (b) he/she was subject to disciplinary action on August 9, 2012.