2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On December 18, 1989, the Plaintiff entered the Army and was diagnosed with chronic hepatitis B around April 1990, and was discharged from the hospital on October 19, 1990.

B. On July 2015, the Plaintiff filed an application for registration of a person who rendered distinguished service to the Defendant for a disease (hereinafter “instant injury”) with the Defendant as a wound.

C. On October 21, 2015, the Defendant rendered a decision on whether a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation was ineligible (hereinafter “the instant disposition”) on the ground that “In light of the medical information that the Defendant is determined as a virus infection B before entering the military, and that the infection B is infected by the body body, such as blood infected with the hepatitis B virus, etc., during military service, the fact that the person was diagnosed and treated as a result of the instant injury in the instant case during military service shall not be determined that the injury in the instant case was caused by his duty or education and training or that the disease was rapidly aggravated at a natural progress level.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the disease in this case occurred due to harsh training, night duty, physical and mental stress, treatment delay, etc. during the military service or aggravated at a natural progress level. Thus, a proximate causal relation between the plaintiff's performance of duty or education and training and the injury in this case's injury in the military service should be acknowledged.

Nevertheless, the instant disposition based on a different premise is unlawful.

B. Fact 1) On December 18, 1989, the Plaintiff entered the Army and served on February 27, 1990 as a member of the Information Operations and Information Center on the 211st Military Service. On April 1990, the Plaintiff was diagnosed with chronic reproductive diversys and B infection and was discharged from military service on October 19, 190. (2) On March 30, 1990, the Plaintiff was discharged from military service on the part of the National Armed Forces Capital Hospital, the Armed Forces Daejeon Hospital, and the Armed Forces Daejeon Hospital.