보훈대상자 요건 비해당 결정 처분취소청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the entry of this case by the court of first instance concerning this case are as follows: (a) the court of first instance shall write “this court” in Part 6 of the decision of the first instance into “court of the first instance”; and (b) other than adding the following judgments on the Plaintiff’s argument in the trial, it is identical to the entry of the reasoning of the judgment of the first instance; and (c) therefore, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act
2. Additional determination
A. The gist of the Plaintiff’s assertion was that the Plaintiff continued to work as a police official for thirty (30) years, while working as a police official, had mental and physical stress while working in a work form where the lower night is changed and the break time is not guaranteed. As a result, the Plaintiff was suffering from high blood pressure, blood transfusion, and urology, resulting in the instant difference.
Therefore, since the difference in this case has a proximate causal relation with the plaintiff's performance of duty, the disposition of this case is unlawful.
B. 1) Determination is based on the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “The Veterans’ Compensation Act”).
In order to constitute an injury determined by Article 2 (1) 2, there should be a proximate causal relationship between the education and training or the performance of duties and the injury or disease, and the causal relationship between the performance of duties, etc. and the injury or disease shall be attested by the party asserting it.
The method and degree of proof is not necessarily required to be proved clearly by direct evidence, but it is sufficient if it is proved to the extent that the proximate causal relationship between the injury and disease can be inferred due to indirect facts such as the health conditions before the performance of duties, the existence of existing diseases, the nature of the relevant duties and the working environment based on the health and physical conditions of the relevant military personnel, etc.
However, without this degree, overwork or stress may generally cause the outbreak or aggravation of a disease, and it shall be overwork and stressed in the course of performing its duties.