국가유공자요건비해당처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court's explanation concerning this case is 2.B. The court's determination on the legitimacy of the disposition of this case is based on the judgment of the court of first instance.
The reasoning of the judgment of the court of first instance is the same as that of the judgment, except for the following modifications, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. The part to be mard;
B. Determination 1) “A soldier or police officer wounded in the course of education and training or performance of duty (including an occupational disease)” 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 refers to the injury or disease of a soldier or police officer during education and training or in the performance of duty. Therefore, in order to be different from the above provision, there is a proximate causal relation between the education and training or performance of duty and the injury or disease, and the causal relation between the performance of duty and the injury or disease must be proved by the assertion. However, the causal relation does not necessarily have to be proved by medical and natural science, but it is presumed that there is a proximate causal relation between the education and training or performance of duty and the injury or disease when considering all the circumstances, the causal relation between the education and training or performance of duty and the injury or disease should be determined based on the average person’s health and the condition of education and training, not on the average person’s disease or disease (see, e.g., Supreme Court Decision 201Du1318.