국가유공자및보훈보상대상자 요건비해당결정처분 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff entered on July 31, 2001, and was discharged from military service on September 30, 2003 (the head of the soldier’s office).
B. On March 4, 2015, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation, claiming that “the Defendant, during the training course after entering the Army Training Center, was treated as a hospital due to pain on the chest and was judged chest, and was frequently re-exploited after discharge.”
On July 22, 2015, the Defendant rendered a decision on the eligibility of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the injury or disease was not recognized as having caused proximate causal relation with the performance of official duties and caused the occurrence or aggravation thereof.
[Judgment of the court below] Facts that there was no dispute over the ground for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. In order to constitute “an injury (including a disease in the line of duty) in the course of education and training, the performance of duty, and the injury or disease” as 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 (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”), there should be a proximate causal relationship between the education and training, the performance of duty, and the injury or disease. The existence of a proximate causal relationship should be proved by the party asserting it. It is not necessarily necessary to prove that there is a proximate causal relationship between education and training, the performance of duty, and the injury or disease, in light of
However, if the risk inherent in education and training or duties can not be seen as realized, it is presumed that there is a proximate causal relationship immediately even in the case where the causes, etc. of the outbreak and aggravation of modern medical science are involved not only in education and training or duties but also in private life.