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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.
Reasons
1. The reasoning of the judgment of this court which accepted the judgment of the court of first instance lies from 6-7 pages of the judgment of the court of first instance.
Inasmuch as the reasoning of the judgment of the first instance is the same as that of the following, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
A person shall be appointed.
B. Determination 1) In order to fall under “an injury during education and training or in the performance of duty (including an injury in the line of duty)” under Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201) (amended by Act No. 11041), there should be a proximate causal relationship between education and training, in the performance of duty, and the injury or disease should be proved by the party asserting the proximate causal relationship. The existence of proximate causal relationship should not be necessarily proved by medical or natural science, but it should be proved even if it is presumed that there is a substantial causal relationship between education and training or in the performance of duty and the injury or disease in consideration of all the circumstances. However, it is difficult to see that there is a proximate causal relationship even if the causes of the outbreak and aggravation in modern medical science are related to education and training or in the performance of duty, and it cannot be viewed that there is an inherent risk in the education and performance of duty (see, 2001.
However, the following circumstances revealed by the above facts of recognition, i.e., (i) the Plaintiff had been treated several times with the pains before entering the hospital, so it is not possible to accurately understand the causes of the pains at the time, but considerably old.