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(영문) 대전지방법원 2015.08.21 2014구단100339
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 March 2, 1989, the Plaintiff was so-called the Army, and was discharged from the military service on June 30, 201, and was employed on July 28, 1995 to June 30, 201 (hereinafter “B”).

B. On January 6, 2012, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that “The Defendant was arrested on July 21, 2009 through November 28, 2009 during the performance of special duties in a third country and received various advisers and newspapers on Nov. 28, 2009 (hereinafter “incompetence”).”

C. On May 7, 2014, the Defendant confirmed on July 21, 2009 that the Plaintiff was arrested by the personnel of the State of National Security on the part of July 3, 2009 during the performance of special duties, and detained for four months under confinement. The Defendant treated the military hospital with symptoms, such as anxiety, influence, concentration, and early distress after returning, etc., and confirmed the records diagnosed by “unclaimed, adaptation disorder, and depression,” but it did not actively undergo treatment for three years after 2009, and caused neither mental problems nor functional disorder, and thus, it does not recognize that there was proximate causal relation with the military and that there was no causal relation with the performance of official duties.” The Defendant rendered the instant disposition to the Plaintiff on the ground that “the pertinent person of distinguished services to the State” did not constitute “the pertinent disposition to the State” on the ground that: (a) the applicant and the doctor did not actively receive treatment for three years after 2009, and there was no functional disorder.

A. [The facts that there is no dispute over the basis for recognition, Gap 1, 2, Gap 3-1, 2, Gap 4-1, 3, and 4-1, 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On December 30, 2004, the Plaintiff asserted that he was arrested on July 21, 2009 at the third country National Security Department of Korea on the third country, and detained until he was released on November 28, 2009.

On November 28, 2009, the plaintiff is detained in a third country.

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