Non-Revocation of Disposition

Kim Jong-si

Law Firm Han-gu et al., Counsel for defendant-appellant

[Defendant-Appellee]

Litigation performer Kim○-○

2. The costs of the lawsuit are assessed against the defendant.

A. The Plaintiff entered the Army* on Nov. 1, 2006, but discharged on Oct. 1, 2008 *, the Plaintiff discharged from military service * on Oct. 2008, **. *. * on Oct. 2008, and filed an application for registration with the Defendant.

나. 피고는 2009. 6. 5. 원고에 대하여, 우측 손목 결절종은 양성 종괴로 공무 관련성이 없고, 좌측 수부 키웬벡 질병(Kienbock's disease, 무혈성 괴사)은 입대 전 지병으로서 공무와 관련하여 발병한 것으로 인정되지 아니한다는 이유로 원고가 공상군경에 해당하지 아니한다는 내용의 국가유공자 요건 비대상 결정 통지(이하 '이 사건 처분'이라 한다)를 하였다.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Although the plaintiff had received medical treatment by taking the left-hand hand before entering the military, there was no problem at the time of entering the military. Since the plaintiff was dispatched to the other military units by Taekwondo players on July 2007 while serving in the military and was engaged in sports and sprinking, both descendants were exceeded, the disposition of this case refusing the plaintiff's application for registration of the person who rendered distinguished services to the military was unlawful.

(b) recognized facts and medical opinions;

(1) The plaintiff has the power to receive each medical treatment on "the salt and tension of knife" on September 2, 1999, "the knife and tension of knife" on April 17, 2003, "the knife and knife of knife" on the knife and knife of knife, "the knife, salt and tension" on March 22, 2004 and "the knife of the bones of knife of knife"

(2) After entering the military, the Plaintiff served as Taekwondo player from April 2, 2007 to around July 2, 2007, when dispatched to another military unit and returned to the same movement, such as shooting, etc., and thereafter complaining of the x-rax identification card, but the Plaintiff claimed the x-rax identification card, but did not show symptoms.

(3) On November 6, 2007, the Plaintiff continued to appeal for a knife to the Kienbock’s disease (Kienbock’s disease) as a result of being hospitalized in the National Armed Forces Hospital on the part of November 6, 2007, and was diagnosed as a knife for a knife after undergoing a fixed knife surgery. ① On December 3, 2007, the Plaintiff was diagnosed as a knife for a knife after undergoing a fixed knife surgery. ② On December 14, 2007, the Plaintiff received a reduction in the upper left part of the upper part of the metal board, and ③ received a knifeing alcohol on the left part of the left part of December 28, 2007.

(4) After undergoing the above operation, the Plaintiff received a brupt surgery from the hospital on January 30, 2008 on the left-hand brusium.

(5) On March 12, 2008, the Plaintiff was transferred to the Armed Forces △△△ Hospital on March 19, 2008, and was discharged on March 19, 2008. However, as the pain continued, the Plaintiff was hospitalized in the Armed Forces ○ Hospital and was hospitalized in the National Armed Forces ○ Hospital from March 26, 2008 to June 11, 2008, and received treatment for the same.

(6) Opinions of △△ University Hospital Hospital (the result of the court’s physical appraisal) / The plaintiff’s current disability is 'the monthly mathy mathy mathy mathy on the left side’. •The degree of mathy mathy mathy caused by the shock of the mathy and the mathy caused by the shock on July 2, 2007 is determined that the monthly mathy mathy was caused by the shock of the mathy mathy (the literature provides that the monthly mathy mathy mathy is accompanied by a severe trauma from 75 per cent).

Accordingly, the right hand is used only for the right hand, and the right hand is also cut.

•It is deemed that there was no evidence when referring to the duty records of the National Armed Forces △△ Hospital.

•The radiation examination has a pelle in the upper frame of the pelle, there is a opinion on the pelle of the pelle, and the opinion on the pelle of the pelle of the pelle, which can be seen as an initial opinion on the peleitis, so continuous observation is necessary.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2-1 through 8, Eul evidence 3, Eul evidence 6-8, Eul evidence 6-6 through 8, the result of the commission of physical examination to ○○ University Hospital Head of this Court, the purport of the whole pleadings

(c) Markets:

(1) The term "education training or performance of duty (including diseases in official duties)" referred to in Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State refers to the injury or disease of a soldier or police officer during education and training or in the performance of duty, so there is a proximate causal relation between the education and training or performance of duty and the injury or disease. In order to be different from the above provision, there is a direct cause of the education and training or performance of duty, and there is a causal relation in the case of the injury or disease, as well as in the case of the recurrence or aggravation of an existing disease due to education and training or in the performance of duty, or in the case of an excessive accident or in the performance of duty, etc., the causal relation between the education and training or in the performance of duty and the injury or disease should be proved by the party asserting it. However, the causal relation must not be proved clearly by medical and natural science, but at least at least by considering various circumstances (see, e.g., Supreme Court Decision 2007Du777).

(2) In the instant case, the Plaintiff appeared to have received a 7th anniversary of the above facts of the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

(3) Therefore, the Defendant’s disposition rejecting the Plaintiff’s application for registration of distinguished service to the State is unlawful on different premise.

3. Conclusion

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

Judges Kim Gin-jin

Judges, Chief Judge