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(영문) 창원지방법원 2018.10.17 2017구단11207
국가유공자등비해당결정처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 10, 1991, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State on the grounds that: (a) the soldier was discharged from active service on March 4, 1992; and (b) on May 11, 2017, the transfer to the Haan-gun B weapons security personnel and “Matern B” was incurred or aggravated during his service (hereinafter “the instant injury”).

B. On September 19, 2017, the Defendant rendered a decision on the Plaintiff on the ground that “The proximate causal relation between the instant superior branch and the military service is not recognized” constituted a non-conformity of the requirements for a person who rendered distinguished service to the State and a person

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 2, 5, and 9 (including branch numbers), Eul evidence No. 1, the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the instant injury or disease was not caused before entering the country, or even if there was a prior existence prior to entering the country.

Even if there were minor conditions without the signs of injury or disease, but they have deteriorated within a short period due to overwork, stress, and lack of appropriate treatment due to the performance of military duties, and the instant disposition based on the premise that there is no proximate causal relation with the performance of military duties in the instant medical branch is unlawful.

B. (1) The determination requires a proximate causal relationship between education and training, the performance of duties, and the injury or disease in order to fall under “an injury during education and training, or in the performance of duties (including diseases in official duties)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), and the existence of a proximate causal relationship must be proved by the party claiming the proximate causal relationship. In addition, it is not necessarily required to prove clearly medical and natural science, but it is proved that there is a proximate causal relationship

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