국가유공자등록및보훈보상자등록거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasoning of the court’s explanation concerning this case is as follows, in addition to supplementing the first instance court’s decision, the part concerning the conjunctive claim among the reasons for the first instance judgment is identical to that of the first instance court’s decision. Thus, the part concerning this case is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the
(The part concerning the primary claim is determined from 5th to 16th 6th son of the first instance judgment, and the remaining part is excluding this part). 2. Supplement of the first instance judgment
(a) The details of the relevant statutes are as shown in the attached statutes;
B. To recognize a person eligible for veteran’s compensation as a “disaster injury police officer” as prescribed by Article 2(1)2 of the Act on Persons Eligible for Veteran’s Compensation, there should be a proximate causal relationship between the performance of duties or education and training
The causal relationship is proved by the assertion of it, but it is not necessarily necessary to prove the medical or natural science clearly, and considering all the circumstances, it should be viewed that there is proof even if there is a proximate causal relationship between education and training, performance of duties and the injury and disease.
In addition, even if the basic disease that can normally work at ordinary times is caused by the excessive performance of duties or training and the rapid aggravation of the existing disease above the natural progress speed is included in cases where such proof was given (see, e.g., Supreme Court Decision 2016Du63996, Dec. 13, 2017). In such cases, the existence of a causal relationship between the education and training or the performance of duties and the injury or disease should be determined based on the health and physical conditions of the relevant soldier, not on the average person.
(See Supreme Court Decision 2006Du6772 Decided September 6, 2007, etc.). However, without such degree, the causes, etc. of the outbreak and aggravation of modern medicine may be related to education and training or performance of duties, but it belongs to the personal domains, such as genetic factors and habits of life.