Text
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 issues of the instant case and the judgment of the court of first instance
A. On April 2013, the key issue of the instant case asserted that the sMA, Spal Muscularopy (hereinafter “instant wounds”) was a genetic disease, but the chronic dyslexism plant disease (hereinafter “the presumption of chronic dystrophism and gystrophism,”) which occurred due to an unreasonable group during the new disease training, continued to continue to undergo the chronic dystrophism (hereinafter “the dystrophism”). After the occurrence of the previous wounds, the Plaintiff continued to undergo the high-level training while receiving an appropriate treatment after the occurrence of the wounds, and filed an application for registration of a soldier and police officer under the former part of Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State”).
However, on July 11, 2013, the Defendant rendered a disposition to the effect that the instant wound does not constitute a soldier or policeman on duty or a soldier or policeman under the Act on Persons of Distinguished Services to the State, or a soldier or policeman on duty under the Act on Persons of Distinguished Services to the State, for the reason that it is difficult to recognize that the wound occurred in direct connection with the performance of duties during military service
The key issue of this case is whether there is a proximate causal relationship between the Plaintiff’s performance of duties or education and training during his military service.
B. In full view of the following circumstances, the court of first instance determined that it is difficult to recognize that the difference of the Plaintiff was caused during the course of performing duties or education and training after entering the military, or that the existing disease was rapidly aggravated at a natural speed above that of training or over-the-job training due to the excessive cause, etc.
① The Plaintiff is old at the time of three parking training following his entrance.