국가유공자등록거부처분취소
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 June 7, 2012, the Plaintiff was discharged from active service on March 6, 2014 by entering the Gun as a riot police.
B. On March 11, 2014, the Plaintiff issued an application to the Defendant for registration of a person who has rendered distinguished services to the State on the ground that there was an occurrence of “windule disability” due to stress in military service (hereinafter “the instant injury”). However, on July 10, 2014, the Defendant rendered a decision-making disposition on the basis that “the proximate causal relation between the instant injury and the military performance of official duties is not acknowledged” against the Plaintiff (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 9, 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, while entering the military in a state where there is no particular problem in health, the Plaintiff continued to work at night on July 2013, while serving as a combat police, resulting in severe stress while continuing to work at night and resulting in the instant injury.
Therefore, since there is a proximate causal relation between the branch and the military performance of official duties in the instant case, the Defendant’s disposition of this case, based on the different premise, is unlawful.
(b) Determination 1) Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (including diseases arising in the line of duty while providing education and training or in performing duties.
"In order to be applicable, there should be a proximate causal relationship between education and training, performance of duties and injury or disease, and the existence of a proximate causal relationship should be proved by the assertion of such proximate causal relationship, and it is presumed that there is a proximate causal relationship between education and training, performance of duties, and injury or disease, considering all the circumstances.