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(영문) 서울고등법원 2015.05.13 2014누4643

국가유공자요건 비해당결정취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The reasoning for this Court is as follows.

With the exception of adding the contents of the first instance judgment, it is identical to the reasons for the first instance judgment, and thus, it is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42

B. (1) The Plaintiff asserts to the effect that there is a proximate causal link between the instant wounds and the military duties, as the Plaintiff appears to have shown a model of transporting booms in the process of education and training for policemen from the trial to the middle of August 1996, which led to the wind that the instant accident and the military duties have been caused.

"A soldier or police officer wounded while on duty (including illness in the line of duty)" referred to in Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State means that a soldier or police officer killed or wounded in the course of education and training or in the performance of duty.

Therefore, in order to be a different difference from the above provision, there should be a proximate causal relationship between education and training, performance of duties, and the injury or disease, and the causal relationship between the duty, etc. and the injury or disease should be proved by the claimant.

(See Supreme Court Decision 2003Du5617 Decided September 23, 2003, etc.). In full view of the following circumstances acknowledged by the first instance court and the evidence adopted by the court of first instance on the basis of these legal principles, the data alone submitted was different from the Plaintiff’s military service due to education and training during the Plaintiff’s military service.

Since it cannot be deemed that the plaintiff's assertion is sufficiently proven that the progress has deteriorated due to natural progress or beyond the natural progress, the plaintiff's assertion is rejected.

In general, it is known that the main cause of the escape from the external signboard is the hiversity, and the escape from the external signboard is diagnosed to the externality in the case of the hiversity.