1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff entered the Army on March 8, 1974 and was discharged from military service on February 28, 1975.

On February 26, 2016, the Plaintiff filed an application for the registration of a person who has rendered distinguished services to the State on the ground that he/she had sustained an injury while on training (hereinafter “the instant injury”) and applied for brain-dead, cerebral blood transfusion, mental illness (influence, portrait, memory, loss of memory, refund, cryp) and telegraph typary inception (the head, bridge, arms, and chest), but on July 11, 2016, the Defendant did not recognize that the instant injury was directly related to the national defense, etc. and caused or aggravated causal relation with military duties or education and training.”

(2) On July 22, 2016, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission on July 2, 2016, but was dismissed. 【Ground for recognition’s absence of dispute, Eul’s evidence Nos. 1 and 7 (including identification number), and the overall purport of the instant disposition is legitimate. The Plaintiff asserted that the instant disposition is legitimate due to the Plaintiff’s injury to head and telegraph due to an accident that was being trained during military service, and caused cerebrin, cerebrovascular, cerebrovassis, and mental illness due to thirical gift, and suffered satisfy on a bridge, arms, and chest.

Therefore, the instant disposition is unlawful, provided that there is no proximate causal relation between the instant injury and the military performance.

Judgment

Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State requires that “military persons, etc. have sustained wounds in the performance of their duties or education and training directly related to national defense, security, or the protection of people’s lives and property” as the requirements of soldiers and police officers. Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation is the requirements of soldiers and police officers, etc., national defense and security, or people’