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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On October 15, 1986, the Plaintiff entered the Army and served at the 22th volunteer soldier in the Army, and was discharged from military service on February 29, 1988.
B. On September 16, 2013, the Plaintiff asserted that the Defendant was on credit while serving at night in the military, and that the Defendant was on credit while serving in the military, and that the Defendant was on credit and caused the occurrence of “the instant high-speed infection” in the course of shock training (hereinafter “the instant wounds”), and filed an application for registration with a person of distinguished service to the State.
C. Accordingly, on June 23, 2014, the Defendant rendered the instant disposition against the Plaintiff on the ground that there is no proximate causal relation between the occurrence or aggravation of the instant wounds and the military performance of official duties, and thus, the Defendant’s disposition was rendered in the instant case on the grounds that there is no corresponding determination requirement as to
(1) 【No dispute over the grounds for recognition, Gap evidence Nos. 1, 3, Eul evidence No. 1, Eul evidence No. 3-1, 3-3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff entered the Gun in a healthy state. On March 26, 1987, the Plaintiff, while going beyond the night zone, was injured on the part of the bucks and got injured on the part of the fucks, he was immediately put in a buckbucker, and the injury was aggravated as the injury was immediately put in a shock training without proper treatment. However, the instant disposition that did not recognize the causal relationship with the performance of military duties of the above wounded was unlawful.
B. In order to constitute “an injury during education and training or performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, there should be a proximate causal relationship between education and training, performance of duty, and injury or disease. The existence of a proximate causal relationship should be proved by the assertion of such causal relationship (see, e.g., Supreme Court Decision 2003Du5617, Sept. 23, 2003), and all circumstances are not necessarily required to clearly prove medical and natural science.