국가유공자 및 보훈보상대상자 요건 비해당
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 7, 1989, the Plaintiff entered the Marine Corps and was discharged from military service on June 7, 1992 (hereinafter “the Marine Corps”). On January 8, 2018, the Plaintiff filed an application for registration with the Defendant for registration of persons who rendered distinguished services to the State on the ground that “A person who rendered distinguished services to the State, on January 20, 1992 during his military service, caused strong inverted vertebrate infection (hereinafter “instant injury”).
B. Accordingly, on April 3, 2018, the Defendant rendered a decision to grant a person who has rendered distinguished service to the Plaintiff on the ground that “the instant injury and disease was caused to military service or rapidly aggravated at a normal speed beyond the normal speed of proceeding” (hereinafter collectively referred to as “instant disposition”) and rendered a decision not to meet the requirements for a person eligible for veteran’s compensation.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 5, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that there was no disease before entering the Plaintiff, and there was no genetic factor, and considering the working environment of the Marine Corps, such as the harsh training of the Marine Corps and ice fice, the causal relationship with the military service of the instant superior branch may be recognized, but the instant disposition made on a different premise is unlawful.
B. (1) The determination requires a proximate causal relationship between education, training, performance of duty, and injury or disease in order to fall under “an injury during education, training, or performance of duty (including an injury in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation, Etc. (including an injury in the line of duty). The existence of a proximate causal relationship must be proved by the party claiming the proximate causal relationship. It is not necessarily required to prove clearly in medical and natural science, but it is proved that there is a proximate causal relationship between education, training, performance of duty, and injury
(2) shall not be subject to paragraph (1).