Law Firm Jeong, Attorney Cho Jong-soo, Counsel for the plaintiff-appellant

The following facts may be acknowledged in the absence of dispute between the parties, or in full view of the purport of the whole pleadings in each statement in subparagraph 1-2, subparagraph 1-1, subparagraph 1-2, subparagraph 1-2, and subparagraph 2:

A. On August 29, 2005, the Plaintiff entered the Army and worked at the XX police station on May 2007, when receiving the diagnosis of the NOS obstacles to mental division, the detailed urgency and mental disorder to work (hereinafter “the injury of this case”) and the cerebral math, and discharged the Plaintiff from the hospital on August 28, 2007, after being hospitalized at the police hospital.

B. On September 11, 2007, the Plaintiff asserted that the instant injury to the State was caused by salvism and cruel treatment of the deceased soldier, etc., and the Defendant filed an application for registration of a person of distinguished service to the State. However, on December 7, 2007, the record that the Defendant received treatment from the police hospital as the injury to the injury to the injury to the State was confirmed, but considering the existing medical advisory opinion that there was no relation between brain and the instant injury to the military due to salvical salvaging, the injury to the State was not recognized as a disease due to official duties. In general, there was no objective proof that it is impossible to verify whether there was a physical salvism of the senior, physical salvism, etc., and in general, if the special power related to official duties is not confirmed due to salvical and salvical diseases, it cannot be acknowledged as a disease due to official duties, taking into account the existing medical advisory opinion that there was no proximate causal link between the brain branch and the instant military service.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff was healthy before entering the military, and the injury and disease of this case occurred due to sacrifies and cruel acts from the senior soldiers in the military service. Thus, the plaintiff asserts that the disposition of this case was unlawful on the ground that proximate causal relation exists between the service of the higher branch and the military service of this case.

(b) Related statutes;

As shown in the attached Form (Omission).

(c) Fact of recognition;

Each of the above evidences can be found as follows if the results of the fact inquiry about Gap evidence 2-1, Gap evidence 3-1 through Gap evidence 5-1, Gap evidence 6 through 9-7, Gap evidence 9-2, Eul evidence 2-1 through Eul evidence 3, and Eul evidence of this court's YY Middle School, the National Health Insurance Corporation's Busan regional headquarters are added to Gap's testimony, and the results of the fact inquiry about Gap's testimony are as follows.

(1) On March 2, 2002, the Plaintiff entered a high school, and voluntarily retired on February 18, 2003, but there was no health special characteristics on the Plaintiff’s living records of middle and high schools.

(2) On Aug. 29, 2005, the Plaintiff entered the Army and was assigned to the XX police station on Oct. 27, 2005. (3) The Plaintiff’s medical opinion on May 2, 2007 by the doctor C of the National Assembly with the Zology is as follows: “mix-type uneasiness and coercion-type disorder and coercion-type disorder,” “mental fission certificate,” and “DB doctor E’s medical opinion on May 15, 2007, as the medical opinion on Jun. 18, 2007.”

(4) The plaintiff was hospitalized at the D Hospital from May 18, 2007 to August 6, 2007 and received treatment. The questioning reply of DD Hospital Mental Health and MedicalF on July 16, 2007 stated that "the plaintiff was subject to king when he was in the aftermath of the pathic spirit and the first time after entering the military, and stated that it is difficult for the plaintiff to present extreme depression and uneasiness and uneasy, and that it is difficult for him to know that he had any desire and uneasy, and that the plaintiff was suffering from any inherent factor (e.g., character and stress vulnerability, etc.), and external factor (such as military stress, etc.)."

(5) On the other hand, the Commissioner of the Cheongbuk-do Police Agency recognized the occurrence of the instant injury to July 24, 2007 as a wound on the ground that there was a proximate causal relation with the performance of official duties.

(6) The Plaintiff was hospitalized in the F Hospital from September 27, 2007 to December 24, 2007, and from January 8, 2008 to May 16, 2008.

(7) (A) On October 2005, G, who is the Plaintiff’s senior soldier, took twice the Plaintiff’s face part of the Plaintiff’s face on his hand on the ground that the Plaintiff did not have good example to the vessel, and H was on the early December 2005, when the Plaintiff was discharged from the front police station at his hand. In December 2005, G, who was the Plaintiff’s senior soldier, took two times the Plaintiff’s face part of the Plaintiff’s face on his hand. On the ground that the Plaintiff was deprived of tobacco at any place in the G police station at Hamann on December 2005, on the ground that the Plaintiff was unable to perform the Plaintiff’s face on the ground that the Plaintiff was unable to do so at any place. On January 206, 2006, the Plaintiff made one back part of the Plaintiff’s face on the ground that the Plaintiff was not able to perform the Plaintiff’s general examination at the front police station at the time of the Plaintiff’s early February 206.

(B) The facts constituting the crime of the above (A) G from Youngju District Court Youngdong Branch (2008 High School 538 Violence), I received a summary order of KRW 2 million, E2, and H from each fine, and the summary order became final and conclusive.

(8) Although the Plaintiff’s father, in 2002 and 2004, was hospitalized in the psychiatrist due to the mental and behavioral disorder by alcohol use, there is no record that other lineal blood relatives or siblings of the Plaintiff suffered from mental illness.

(9) Generally, mental fissionism is likely to occur due to psychological and social factors, and it is known that mentally vulnerable individuals are likely to suffer environmental stress.

D. Determination

The term " wounded in education and training or in the performance of duty (including illness in the line of duty)" referred to in Article 4 (1) 6 of the Act on Persons of Distinguished Services to the State refers to the injury or disease of a soldier or police officer during education and training or in the performance of duty (including illness in the line of duty). Thus, in order to be different from the provision, there should be a proximate causal relationship between education and training or in the performance of duty and the injury or disease. In order to be different from the education and training or in the performance of duty, there should be a causal relationship between the injury or disease as a direct cause of education and training or in the performance of duty, and there should be a causal relationship between the injury or disease as a result of education and training or in the performance of duty and the injury. The causal relationship between the soldier and the injury or in the performance of duty should be proved by the assertion (see, e.g., Supreme Court Decisions 9Du3331, Jun. 8, 199; 2005Du6379, Jan. 26, 2006).

In full view of the following circumstances found by the facts as above, the Plaintiff continued to live a normal life without any mental disease before entering the military, the Plaintiff was diagnosed by a mental fission in the military, and was hospitalized and treated as a wound after being diagnosed by the military; the Plaintiff recognized the instant injury as a wound; the Plaintiff did not seem to have any other special circumstances that may cause the outbreak of mental fission except stress from the stress from the selected soldiers during the military service; the mental fission may occur even if an individual suffers from mental stress; and the Plaintiff sustained environmental stress after being treated continuously after being diagnosed by the military; the disease in this case may not be deemed to have occurred due to stress from the appointment of the Plaintiff during the military service.

If so, there is a proximate causal relation between the above branch and the military service of this case, so the prior disposition of this case is unlawful on a different premise.

3. Conclusion

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

Judges Park Hyun-chul

Judges Lower Efficiencies