(영문) 대구지방법원 2012.7.6.선고 2011구단1288 판결

1. On December 20, 2010, the Defendant revoked the disposition that rendered against the Plaintiff as non-person who rendered distinguished services to the State. 2. Costs of lawsuit are borne by the Defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Details of the disposition;

A. On September 23, 2008, the Plaintiff entered the Army and discharged from the military service on August 31, 2010. (b) On September 10, 2010, the Plaintiff filed an application for registration of persons of distinguished service to the State, asserting that the Plaintiff suffered from the Defendant, and that he/she had suffered from the “perstinous bruous balmosis during the performance of military service” (hereinafter “the instant difference”). On December 20, 2010, the Defendant rendered a non-specific decision of persons of distinguished service to the State (hereinafter “the instant disposition”). On December 20, 2010, the Defendant rendered the instant disposition following the deliberation and resolution of the Board of Patriots and Veterans Affairs on the ground that there is no proximate causal link between the Plaintiff’s performance of military service and the instant

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 2, 3-1, 3-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff was in exclusive charge of the tamping or repairing of all facilities within a military unit, such as a living room, a rest room, a stable, a tennis, etc., while in military service, and used a paint and a tamper, etc. at all times. Accordingly, the above harmful substances caused the difference in this case.

The defendant's disposition of this case on a different premise is unlawful.

(b) Fact of recognition;

1) The plaintiff's military service and expulsion officer

A) On August 30, 2008, the Plaintiff entered the 2007 medical examination conducted blood test, immunodeficiency test, etc. on the part of the former military entrance, but did not find any special opinion as long as there were no specific opinions.

B) On September 23, 2008, the Plaintiff entered the Army and was placed in the Korean War Veterans Association on October 31, 2008.

C) From the day immediately after the Plaintiff was placed in the military unit, the Plaintiff made a duct for all facilities within the military unit, such as building a duct in accordance with the direction of an administrative supply center, building a duct for materials and storage of reserve forces, living room, ammunition, aftermath of the military unit, and repairing a duct for all facilities within the military unit. As a supplementary work, the Plaintiff was engaged in entertainment.

D) Awards and decorations for which the Plaintiff was appointed for more than 3 months are granted a license to be employed, and thus, the award and decorations are mainly employed. The Plaintiff was in charge of the foregoing painting work, etc., without being opened from the circulation of basic assignment positions, except for important training, such as genetic training, harsh training, etc., and the Plaintiff’s main work was to perform the above work.

E) The Plaintiff ordinarily performed work, such as painting, from 06:0 to 16:30. The Plaintiff’s unit affiliated with the Plaintiff did not exceed the amount of work per head as the mobilization team does not exceed 1/4 of the upper non-standing team. When the amount of work exceeds the amount of work per head. From 06:00 to 19:00, the same was committed by volunteer soldiers.

F) At all times, in order to dilution paints, the Plaintiff engaged in painting without protective gear, carried out operations with air compressors, and after being sprinked, the Plaintiff was also in the case of asking two-way color. In performing indoor operations, the Plaintiff was engaged in an indoor operation at a sealed storage that is inside the ventilation.

G) In the scenarios purchased and used by the unit to which the Plaintiff belongs, benze, 0.16% of the benze, which is a class 1 climatic substance, and dllomere, which is a class 2 climatic substance, was detected by 4.33% of the dichlorne.

H) On May 5, 2009, the Plaintiff told that there was a growing opinion on the increase in the leuk blood cells, but was in military service and continued to perform the above work without receiving any special medical treatment or diagnosis. (i) On June 15, 2010, the Plaintiff was hospitalized in the National Redcheon Hospital for the purpose of the operation of the leapproculing surgery, and there was an opinion on the increase in the leuk blood cells and the leapprotion in blood transfusions under the blood test while being hospitalized in the National Redcheon Hospital for treatment. (ii) On July 5, 2010, the Plaintiff was diagnosed the instant difference, and was transferred to the National Armed Forces Water Hospital for the purpose of blood test and the leapprotion test. (iii) On August 31, 2010, the Plaintiff was discharged from the hospital on August 31, 2010

(j) According to the certificate of non-official wound issued on July 5, 2010 by the Plaintiff commander, the date and place of the outbreak and the place of the outbreak are indicated as ‘unexploital scarcityal scarcityal scarcityal scars', ‘brutal scarcityal scars', and ‘exploital scars', but according to the certificate issued on July 28, 2010, the time and place of the outbreak and the place of the outbreak are described as ‘unexploital scars', ‘brual scars', and ‘official wound'.

2) The results of fact-finding conducted by the president of the Labor Environment Health Research Institute of the original Green Hospital

A) As to gender:

(1) The physical and chemical characteristicsbene is a representative direction hydrocarbon consisting of six carbon and six hydrogen, mainly of coal and petroleum, and is generated in the process of deemed coal and petroleum, and is also included in gasoline fuels.

In the upper temperature, there is a colorless or yellow yellow body belt, and there is a unique (competing) flacing. Cracing very inflammable, and the steam is in the nature that it sits on the floor because it is flacing more rapidly than air in the air.

(2) The Macambsium is well-known Macambsium. The Ministry of Employment and Labor classifys 1A person of the Macambsium as a material with sufficient ambscal evidence. In addition, the International Cancer Institute (IACRC) is a human ambscal substance of the 1stambsium in the European Union (EU), as a human ambscal substance of the Macambsium C1 in the U.S. National Toxic Program (NTP) in the U.S., as a human ambscal substance of the Macambsium in the U.S. Industrial Sanitation Professional Council (ACGH).

(3) In the Ministry of Employment and Labor’s exposure standards, TWA (Tim-Related Average, 8 hours exposure criteria) 1 pm, and SETL (short-Tim-Exure Limited Standards) 5 pm. The U.S. Industrial Sanitation Experts Council (ACGH) provides for the exposure standards of each bentm with TWA 0.5 pm, SETL 2.5 pm, as TWA 1 pm, SETL 5 pm, the U.S. Industrial Safety and Health Agency (NIOS) in the U.S. National Institute of Industrial Safety and Health (NIOS) in TWA 0.1 pm, SETL lpm, respectively.

(4) The meaning that "benenent contains 0.16% of the total content"

| 시너의 구성성분 중 벤젠의 함유량을 의미한다. 즉 시너 100% 중 벤젠이 0.16% 차지한다는 의미이다. ppm은 공기 중 벤젠의 농도를 표현하는 단위로 백만분의 일을 뜻한다. 따라서 벤젠이 0.16% 함유된 시너를 사용하는 경우 공기 중 벤젠의 노출 수준을 평가하기 위해서는 별도의 제한된 실험을 실시해야 한다. 그러나 벤젠의 경우 제품 내에 0.1% 이상 함유된 경우에는 그 제품을 발암성으로 규정하고 있다. 즉 0.16% 함유된 시너는 발암성 제품으로 간주해야 한다.

According to foreign studies (Fedoruk, 2003) 1, it was found that the concentration in the air was 0.5 pm in the respiratory location of the worker who cleans the parts of the motor vehicle using 0.0058% bend p.

B) As to Dlorichloromertan

(1) Physical and chemical properties

Dlochloromertan is a structure in which 2 kinds of chlomers are charged, chlomere or chlomere, with a structure in which chlomere two salters are charged, and is a chlomere non-combustibilitying and volatile organic liquids. Snicking similar to chlomere, and steam is in the nature of holding it on the floor by putting it on the floor rather than air.

(2) The Ministry of Employment and Labor classifys 1A person of the crypology as a material with sufficient crypology evidence. In addition, the International Cancer Institute (IRAC) is classified as a human crypology substance which is 2B of the crypology in the European Union (EU) as a human crypology substance which is c3 of the cryp rating in the National Toxic Program (NTP) in the United States, as a human crypology in the United States, as a human crypology in the NTP, as a human crypology in the U.S., as the crypology in the U.S. Council on Industrial Sanitation, as the crypology in the U.S., but as the crypump content in the U.S. Environmental Office (EPA).

(3) The Ministry of Employment and Labor and the Consultative Council of Industrial Sanitation Experts in the United States manage TWA 50 pm, and the United States Industrial Safety and Health Office manages TWA 25 pm, short time exposure standards (15 pm) 125 pm.

C) As in the case of the Plaintiff, the Plaintiff also contained dichlororomerane on the clives containing gender.

As mentioned in Article 3 of the "Chemical Notice of the Ministry of Employment and Labor" and the "Standards for exposure to Physical Personnel", if two or more chemical substances are combined exposed, the hazards may increase due to the commercial action of harmful substances.

D) In the case of gender, the fact that it is an industrially established fact that causes virutal crymosis diseases, such as brutosis, are generated, and the level or period of exposure related to the occurrence of cancer, such as other brut substances, should be considered on the basis of individual risk. In most cases, setting a comprehensive quantitative standard without considering individual risk factors with regard to the impact on the human body of hazardous substances, is inappropriate.

E) At present, the permissible exposure criteria for benent work site is presented as 1 pm in Korea, but it is presented to the United States as 0.5 pm (U.S. Industrial Sanitation Expert Council) or 0.1 pm (U.S. National Industrial Safety and Health Institute) in the United States on the basis of a large number of studies related to benent cancer. Accordingly, currently, the criteria for recognition of bench exposure and bench-related occupational accident of bench-related diseases as stipulated in Article 34(3) [Attachment 3] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act should be accepted as a sufficient condition, not a requirement for recognition of business relevance, and if it falls short of the current criteria, separate judgments should be made in consideration of individual dynamics

3) Results of commissioning the evaluation of medical records to the director of the Busan National University Hospital

- Its gender was widely used as an organic solvent, but its use was prohibited after it was confirmed to generate boomic cryp cancer, including bameral disease. At present, it is known that petrochemicals is mixed with non-nets of petrochemicals. It was selected as a class 1 cancer substance as determined by the International Cancer Research Institute (ICR) affiliated with the World Health Organization and the International Council of Industrial Experts in the United States (ACGH). Korea is 1 pm as of eight-hour work in Korea, and the US Industrial Sanitation Consultative Council is 0.5 pm.

The results of epidemal research are generally reported to have low connection with benchosis exposure. However, it cannot be concluded that there is no connection with benchosis and chronic benchosis disease.In addition, the relevance between major benchosis and benchosis is still an unspecific state of relationship with sub-group disease because there are many results of research with the whole benchosis, and the relationship between sub-group disease is still unspecific.In addition, even though the benchosis was clearly related to benchosis, the other benchosis is clearly related to benchosis, i.e., acute benchosis, chronic benchosis, chronic benchymosis, benchymosis, etc., which can not be determined on the ground that there is no relationship between benchosis and benchosisal benchosis, which can be determined on the ground that there is no difference between benchosis and chronic benchosis.

With regard to 0.16% of the total content ratio of sulfur, it is more important to determine how pm unit would be exposed to 1/00,000, and how much pm content would be exposed to all be more important. This is because all of the events contained are not exposed. It is now difficult to determine the exposure accurately, but it is necessary to pay attention to indicate the ratio of the relevant ingredients to the total area as a result of the analysis. In other words, if the total working area is 10%, it is 0.16%, and the pench exposure is considered to be very low. Furthermore, since the total working area is 10%, the pench exposure is deemed to be part of work in the same indoor area after singing from 2009 to July 2010, it is difficult to view that the exposure dose is very small in the case of outdoor work, and the exposure dose can be accumulated in the case of outdoor work after the outdoor accident, but it is difficult to view the exposure concentration in the average exposure concentration in the range of exposure before the exposure.

As reference, any person can be seen as working cancer if he or she is exposed to materials known as causing cancer for a considerable period of time, even though there are a little personal differences. In order to claim that chronic thirrosis has occurred due to bench exposure, the Plaintiff must find out whether there is a case of chronic thirrosis in which any person performed the same duties or any person previously performed the same duties under the same conditions, and there is a case of chronic throsis disease. For example, it is necessary to explain that the case of chronic thrirrosis disease occurred even when the worker who affixes seals in the enclosed space in the shipbuilding yard performed the painting work for a period of time.

There is no research result that there is no known fact that there is a correlation between DNA mertan and benchlomeral disease, and that there is no result that benent cancer can be enhanced.

At present, it is reasonable that the bench exposure criteria stipulated in Article 34 (3) [Attachment 3] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act can be lowered according to the results of epidemological studies after reviewing industrial medical specialists based on the results of epidemological studies, but it is reasonable as a result of the study up to now.

The influence of the Plaintiff, such as the Plaintiff, is affected by exposure to cancer substances, but the smoking period, etc. is not sufficient, so it is difficult to see that the impact is significant.

In light of the occupational environment, although there is a possibility that bente will contribute to the outbreak of chronic thirrosis, it is difficult to view it as a sufficient exposure to the extent that it causes cancer. Therefore, because the exposure quantity and the exposure period are low, the possibility of the outbreak of chronic thratory tyrosis by painting work is low and there is a possibility that it might have occurred naturally in the military service period.

- A acute leukosis may be caused by bench, other organic solvents, radiation, air raid cancer, etc., and chronic leuk typhosiss may be caused by radiation, anti-air cancer, chrode, chrode, etc.

The most frequently occurring in bennasty exposure is a acute bennassis.

- In light of the fact that there was a possibility of the outbreak after the exposure to hazardous substances at least 6 to 9 months, the possibility that the Plaintiff had occurred after the exposure to hazardous substances would have been sufficiently exposed to hazardous factors.

(iv) medical knowledge;

A) The chronic alley leukosis is a disease that is incurred in the brupting of 9 and 22 genes from among the 46 genes in the genome of the human body, and the middle part of chromosomes are behind each other, resulting in a typhal typhya, generated by a typha, and no death therefrom. One set of cells for every 100,000 patients occurs in the Republic of Korea, and approximately 2-3,00 patients are located in the Republic of Korea. These geness are understood as a astronomical cause and continue to be for 3-4 years if they do not undergo an vegetable typhya, and they are transferred to a brudy lephy disease.

나) 만성 골수성 백혈병의 90% 정도는 그 원인이 세포핵 속에 있는 유전자 46개 중 9번과 22번 염색체의 중간 부분의 상호 전위라는 것은 밝혀져 있지만, 나머지 10% 정도는 그 원인이 밝혀져 있지 않고 있다. 그리고 위 염색체의 전위의 원인에 대해서는 의견이 분분하나, 약 5% 정도는 방사선 조사(照射)가 그 원인으로 알려져 있다.

C) With respect to the causes of chronic thirrosis, genes is reported to be modified if it is exposed to bennasium or Toluene. However, the results of the study that it is difficult to conclude due to the scarcity of chronic thropical lethrosis or that it is clearly related to less than acute lethrosis than acute lethrosis.

[Ground of recognition] Gap evidence 1-1, 2, Gap evidence 6, Gap evidence 7-1 through 4, Gap evidence 8-1, 2, Eul evidence 9, Eul evidence 1, 2, and 3, Eul evidence 4-1, 2-2, witness evidence 4-2, evidence 1, and witness evidence 4-2, the result of this court's entrustment of the medical record for the director of Yangsan Busan National University Hospital, and the result of this court's inquiry about the director of the Labor Environment and Health Research Institute of the Changjin Green Hospital, the whole purport of the arguments is to determine.

1) "Education and training or wounded in the course of performing their duties (including diseases in official duties)" referred to in Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State means soldiers or police officers.

It means that a public official is injured or suffering from a disease 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 in the 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 party asserting it. However, the causal relation does not necessarily have to be proved by medical or natural science, but it is presumed that there is a proximate causal relation between the education and training or in the performance of duty and the injury or disease when considering all the circumstances, and it is proved that there is a proximate causal relation between the education and training or in the performance of duty and in the performance of duty, and it is also proved if the basic disease or the existing disease that can normally work at ordinary level has aggravated rapidly above the natural progress speed due to the excessive training or in the performance of duty, and the existence of the causal relation between the injury or disease and the education and training or in the performance of duty should be determined based on the health and physical conditions of the relevant soldier, etc. (see Supreme Court Decision 2006Du672

2) Comprehensively taking account of the following circumstances revealed by the health team, the facts acknowledged as above, and the purport of the entire pleadings with respect to the instant case in light of the aforementioned legal principles, the Plaintiff’s continued exposure to the Gun, while suffering from chronic thirropic lethropic lethic lethic lethrosis of the Plaintiff, or the Plaintiff’s rapid aggravation of the outbreak caused by rapid aggravation of the outbreak at a speed above the natural progress level by engaging in activities together with other factors such as the Plaintiff’s physical constitution. It accords with the empirical rule.

① As a result of the health examination in 2007, no abnormal dogs were found even in blood tests, etc. received when the Plaintiff was judged as a normal person without any further reason, and immediately before entering the military, and blood tests, etc. received when the Plaintiff was involved in a traffic accident.

From November 2008, the Plaintiff continued to repair ancillary facilities from around June 201, 201 to around June 201, and continued to use a tamper for each time. At all times, the Plaintiff always contained 0.16% benchromer, which is a substance of class 1 bench, and dialromer, which is a substance of class 2 benchro, contained 4.33%.

③ In light of the fact that most of the Plaintiff engaged in tampering operations without any separate protective gear, such as Mascke, and that there was a large amount of tampering operations in an enclosed space without ventilation tools, benents can be inhaled into the skin due to the nature of melting and sprinking in the air with strong volatile organic solvents, and that it is easy for the Plaintiff to absorb into the skin due to the nature of melting and sprinking, and that the unit to which the Plaintiff belongs mainly engaged in tamping operations was exposed to considerable amount of work of the Plaintiff due to the mobilization team only 1/4 of the upper company team, and that the number of the Plaintiff’s military service was considerably high, it appears that the Plaintiff was exposed to considerable benent, etc. for one year and eight months.

(4) It is highly likely that the hazards of hazardous substances have increased due to the commercial activity of the Plaintiff’s commercial buildings due to the combination of more than two chemical substances, as it is also contained in dichlorochloromertan as well as dchloromerane in the scenario used by the Plaintiff.

⑤ Although it has not been medically proved to the effect that gente might cause chronic thirrosis, which is the instant wound, it appears that it was based on the results of research related to this, as it was relatively small in the classification of chronic thirrosis, and rather, it appears that gente and DNA mlomertan are clearly harmful to the human body. In particular, in the case of gente, it is an industrially established fact that girrosiss are likely to cause chronic thirrosis disease, and thus, it appears that such substances might not be ruled out the possibility of causing chronic throidosis disease by such substances.

6. There is no evidence to deem that the Plaintiff’s chronic leukosis was caused by any other cause other than the causes that the Plaintiff was exposed to benent, etc. in the course of performing military duties.

3) Therefore, there is a proximate causal relationship between the instant difference and the Plaintiff’s performance of official duties, and thus, the Defendant’s disposition, contrary to its different view, was unlawful.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.