국가유공자 및 보훈보상대상자비해당결정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 7, 2014, the Plaintiff, who was discharged from military service on December 9, 2013, and was discharged from military service on October 7, 2014, filed an application for the registration of persons of distinguished service to the State with the Defendant on October 24, 2014, stating that “Although there was a low-surbing percentage on the front face of the military reserve, the Plaintiff, upon being judged as a result of the physical examination, aggravated the face, hand, arms, etc., and caused depression.” The Plaintiff applied for the registration of persons of distinguished service to the State.
B. On March 6, 2015, the Defendant rendered a decision on whether a proximate causal relationship between the instant wounds and the military performance of official duties is not possible (hereinafter “instant disposition”) to the Plaintiff, on the ground that it is difficult to recognize the proximate causal relationship between the instant wounds and the military performance of official duties.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s assertion was suffering from the instant difference in a small size prior to entering the military, the instant difference was expanded to the body in the course of performing education, training, tactical training, etc. while being excessively exposed to the day-to-day area and performing military service of the new soldiers training group and self-defense group after being judged as active duty. Although the instant difference is deemed to have been caused or existing diseases have been rapidly aggravated due to the occurrence of a natural progress beyond the natural progress, the instant disposition was unlawful on the premise that proximate causal relation between the instant difference and the military performance of official duties is not acknowledged.
B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Persons of Distinguished Services
(ii) Article 4(1)6 of the Act (including diseases in line of duty during the course of education, training or performance of duties).
"Education and training, performance of duties, injury or disease".