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(영문) 대구지방법원 2016.06.10 2015구단10969

국가유공자요건비해당결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On February 4, 2013, the deceased B (hereinafter referred to as “the deceased”) entered the Army and was on duty as the driver’s disease for the foreception vehicle in the Army, and was on a regular leave of absence (from October 18, 2014 to November 1, 2014), and returned home at one’s own house on November 1, 2014, after returning home after drinking with the friendly-gu on the day before returning to the military unit and drinking.

B. On November 1, 2014, at around 07:00, the date of the incidental return, the mother performed cardiopulmonary resuscitation through 119 on the grounds that the deceased’s face is creative and that the vehicle was decrisoned, and that the deceased’s body was decrisoned, and that the body was decrisoned. However, the diagnosis was conducted around 08:01 on the same day.

C. On May 26, 2015, the Plaintiff issued an application for registration of a person who rendered distinguished services to the Defendant as his father, but the Defendant rendered the instant disposition against the Plaintiff on the ground that “the causal relationship between the deceased’s death, military duty, or education and training is not recognized.”

The Plaintiff appealed and filed the instant lawsuit.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was health before the entrance, there was a proximate causal link between the death of this case and the military performance of official duties, since the Plaintiff’s assertion had been suffering from excessive occupational stress to the extent that he or she may occur due to his or her driver’s duties, such as He or she was suffering from pact disc, his body body death, two pains, and skin disease.

B. (1) In fact, the Deceased did not have any record of being treated with respect to the high blood pressure or heart except for the treatment due to the infection before entering the hospital, but there was a high blood pressure with family force, and there was no special credit at the time of death.

(2) Medical opinions in the appraisal of medical records (1) were not known as to whether the deceased had a high blood pressure because of the absence of the records of medical treatment conducted by high blood pressure, and where the pain and physical or mental stress arising from the hard disc is excessive.