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(영문) 춘천지방법원 2013.8.16.선고 2012구합1974 판결

국가유공자등록거부처분취소

Cases

2012Guhap1974 Revocation of Disposition Rejecting Persons of Distinguished Service to State

Plaintiff

A person shall be appointed.

Defendant

Chuncheon Head of Chuncheon Veterans Branch Office

Conclusion of Pleadings

June 14, 2013

Imposition of Judgment

August 16, 2013

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The defendant's disposition of refusal to grant distinguished service to the plaintiff on November 3, 2011 is revoked.

Reasons

1. Details of the disposition;

A. Since entering the Army on March 26, 2007, the Plaintiff entered the Army as a bachelor officer from November 2007 to June 201, 2010.

B. On April 5, 2011, the Plaintiff asserted that the instant wound was aggravated due to the outbreak or the natural progress due to the military service, and filed an application for registration of a person of distinguished service to the State with the Defendant on the ground that there was no specific and objective data to prove that the instant wound occurred in connection with the performance of official duty, the Defendant issued a notification of the determination on the amount of the person of distinguished service to the State (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 to 7 (including branch numbers if there are numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff did not suffer from the trapsy infection before entering the Army. After entering the Army, the Plaintiff was in charge of search, distribution, and boundary operations in the poor environment of the Z. On November 2008, the Plaintiff was in charge of the duties of managing the GaP aquatic disease that occurred at around the time of light of the Z, and the instant difference occurred in the situation where excessive stress, such as frequent dispatch and on duty, lack of water surface, and provision of irregular meals, etc. In addition, the instant disposition was unlawful since around March 2010, since the Plaintiff was unable to take a leave or to receive timely medical treatment due to the lack of continuous state of national security crisis due to the lack of leave or on the grounds of the gabba and on the laundry case, the difference in the instant case was rapidly aggravated more than natural progress. Therefore, proximate causal relation with the military official duties.

B. Relevant statutes

As shown in the attached Form.

다. 의학적 견해 궤양성 대장염이란 대장에 염증 또는 궤양이 생기는 만성 재발성 질환으로 넓은 의미에서 보면 자가면역질환 ( 면역체계는 우리 몸을 보호하고 암세포나 몸 외부에서 들어오는 우리 몸에 해로운 세균, 바이러스 등을 파괴하는 체계인데, 이러한 면역체계에 이상이 일어나 오히려 자기 자신을 공격하여 염증을 일으키고 파괴하여 생기는 질환을 ' 자가면역질환 ' 이라 한다 ) 의 일종이라 할 수 있고, 궤양성 대장염에서 병적인 변화는 항문에 인접한 직장에서 시작되어 점차 안쪽으로 진행되는데, 병적인 변화가 여기저기 흩어져 있지 않고 모두 연결되어 있다는 특징이 있다. 궤양성 대장염을 앓는 환자의 증상으로는 혈액과 점액을 함유한 묽은 변 또는 설사가 하루에 수회 나타나는 증상 , 심한 복통, 탈수, 빈혈, 식욕감퇴, 체중감소, 피로감 등이 있다. 대장 증상 외에도 관절염, 피부 변화, 간질환, 열, 체중감소 등이 나타날 수 있다 .

Although there is no accurate indication of the cause of the trapsy, there is an abnormal response to genetic factors, infections, food sensy, hynasium, hynasium, hynasium, and other environmental factors (e.g., smoking or hynasium), sanitary conditions, and social and psychological factors.In recent years, there is a tendency that the frequency of the outbreak of the trapsy disease in the East and East of Korea and Japan is rapidly increasing due to the influence of the living habits.

In other words, it is not consistent with the results of the study on whether psychological and social persons, namely, persons suffering from stress, are likely to cause infections. However, stress may cause aggravation of symptoms to patients who have previously been infected with the tracule.

Although it is not clear whether there was a trajectal cule in line with excessive and excessive performance of military duties, since the cause of the outbreak of the tracule is very diverse and the cause of the outbreak of the tracule is not yet fully clear, it cannot be ruled out completely that the tracule in line may worsen due to overwork or stress.

[Ground of recognition] Gap evidence Nos. 7, 8, and 14, the result of physical examination commissioned to the director of the hospital in this Court, and the result of fact inquiry, the purport of the whole pleadings

D. Determination

1) During the education and training or performance of duties referred to in Article 4(1)6 (a) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sep. 15, 201)

(C) The plaintiff, who was discharged from military service, was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service. The plaintiff was discharged from military service and was discharged from military service and was discharged from military service. The plaintiff was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was required to have a proximate causal relation between the plaintiff and his injury and disease. The plaintiff was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service. The plaintiff was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service. The plaintiff was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service and was discharged from military service. The plaintiff was discharged from military service.

However, in light of various circumstances including the occurrence, aggravation, and military service of the injury of this case, it is difficult to conclude that the cause of the outbreak of the trajectal training team infection has already been clearly revealed as seen in the above medical opinion, and that there is no research result as to whether the overwork and stress have caused the trajectal training team infection, and that according to the result of the court’s physical examination entrustment to the C Hospital president of this court, it is difficult to conclude that the Plaintiff would be improved than the present state even if the Plaintiff was under proper treatment after the trajectal training team infection occurred (if the Plaintiff started proper treatment early, it seems that the symptoms may be improved if the Plaintiff started treatment early, but it appears that the treatment can be done or the progress rate is delayed). In light of the above facts and the result of the court’s physical examination entrustment to the C Hospital president of this court, the Plaintiff’s assertion that there is no reason to acknowledge that there was any difference between the above fact and the duty of the military hospital president of this case, and there is no reason to acknowledge that there was any difference between the Plaintiff’s duty.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges - Judges - Literature

Judges, Superintendent of the National Assembly

Judges Kim Gin-ju

Site of separate sheet

Site of separate sheet

A person shall be appointed.