Sweld City

Attorney Lee Do-young

Attorney Lee Jae-soo

Litigation Performers;

On March 15, 1982, the Plaintiff entered the Army and was discharged from military service on September 20, 1984, and served as a captain at 60 parts of the 20th sergeant * * The first half part of the 1st century, and was discharged from military service on September 20, 1984.

On May 28, 2015, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with respect to the difference in snow (real name of the left eye, the right eye correction), boom, and the left bridge, in the course of training, caused an accident that fit the stones and eventually led to the real name of the Plaintiff, and caused the symptoms of Huuri's injury and the left-hand bridge due to the harsh treatment of the superior.

On January 5, 2016, the Defendant rendered a disposition that the Plaintiff does not meet the requirements for persons who have rendered distinguished services to the State and the requirements for persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the performance of duties or education and training during military service and the injury

[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

In the course of moving the upper half of the body while on training, the Plaintiff continued to be exposed to rain, snow, dust, etc. during night training on December 1983 while moving the front part of the body while serving in the military without any abnormal vision at the time of entering the military. On the other hand, the Plaintiff was faced with an accident where the left part of the body of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part of the military part of the military part of the military part of the front part of the front part of the military part of the military part of the front part of the military part of the military part of the front part of the front part of the body. In addition, the Plaintiff’s application for military part of the lower part of the upper part of the front part of the front part of the

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

C. Facts of recognition

The Plaintiff underwent a melting surgery on the left eye around 1994. Around September 1995, the Plaintiff was diagnosed in the real name of the front eye, balothitis, baloditis, net self-concept, and balodation of the left eye on November 1995 and was diagnosed in the real name of the front eye, and undergone an artificial insemination injection surgery. On August 27, 2004, the Plaintiff was diagnosed on August 27, 2004 that both snow were dead-real names of both snow in the front eye, and was diagnosed in the medical hospital on January 11, 2007 that the balodity of the snow was blind and safe in the right eye.

The rise of eu pressure led to the abnormal disorder in the vision and damage to the eyesight and eyesight. A disease that causes the damage to the eyesight and eyesight is suffering from a euthanctic disorder. The outbreak rate is higher for a person with high level of eu pressure, cardiopulmonary pressure, urology, cardiopulmonary urology, and cardiopulmonary disease. In the case of a euculsis, there are symptoms, such as eu pressure rapidly high, and there are symptoms, such as the reduction of eu pressure, two pain, urine, shock, etc., and there is a need to preserve eutension by lowering eu pressure. In the case of a chronic veculsis, without any special symptoms, the treatment is needed to lower the eutic pressure through medication or radic therapy to prevent any further eu disorder damage, and when the euthanc pressure is not implemented due to medication or radic pressure control, the treatment of euculsis is needed.

백내장은 수정체의 혼탁으로 인하여 사물이 뿌옇게 보이게 되는 질환인데, 선천성 백내장은 유전, 태내감염, 대사이상에 의한 경우도 있지만 대부분이 원인 불명이고, 후 천성 백내장은 나이가 들면서 발생하는 노년 백내장이 가장 흔하고 외상, 전신질환, 눈속의 염증에 의하여 발생하는 경우도 있다. 백내장으로 인하여 일상생활에 불편을 겪을 정도로 증상이 진행된 때에는 혼탁이 생긴 수정체의 내용물을 제거한 후 개인의 시력에 맞는 인공수정체를 삽입하는 수술이 시행될 수 있다.

[Reasons for Recognition] The entry of Evidence Nos. 10, 11, and 12, and the purport of the whole pleadings

D. Determination

Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (including diseases) refers to the injury or disease of military personnel during the performance of their duties or during education and training. Thus, in order to be different from the above provision, there is a proximate causal relation between the performance of their duties or education and the injury or disease, and the proximate causal relation between the performance of their duties, etc. and the injury or disease should be proved by the assertion of such relation (see, e.g., Supreme Court Decision 2003Du5617, Sept. 23, 2003). The same applies to the case of the former Act on the Support for Persons Eligible for Veteran’s Compensation (Amended by Act No. 13608, Dec. 22, 2015).

In this case, (1) Even if the Plaintiff appears to have been continuously exposed to rain, snow, dust, etc. and the left eye of the snow during the military training, it is difficult to see that there were such circumstances in the military training solely because of the fact that there were various kinds of diseases caused by the Plaintiff’s loss of eyesight, and that there was no evidence to know the degree of the snow injury during the Plaintiff’s military training, etc., it is difficult to see that the above conditions were occurred after discharge of the Plaintiff’s military training or that the injury occurred rapidly above the natural progress speed; (2) there was no evidence to support the Plaintiff’s medical records, etc. to acknowledge that the Plaintiff was receiving medical treatment on the injury to the Heg or the left-hand bridge during the military training, and there is no objective evidence to see that the injury and the left-hand bridge are caused by the Plaintiff’s cruel act, such as old eye, etc. during the military service, and there is no evidence to see that there is a proximate causal causal relation between the Plaintiff’s witness’s real name and left-hand, 4,5, 6,817, and 17.

Therefore, the disposition of this case is legitimate considering that there is no proximate causal relation between the plaintiff's performance of duty or education and training during military service and the difference claimed by the plaintiff.

3. Conclusion

The plaintiff's primary and conjunctive claims are dismissed as it is without merit. It is so decided as per Disposition.