2012Gudan420 Revocation of Disposition of Refusal of Persons of Distinguished Service

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The Commissioner of the Korean War Veterans Office

August 30, 2013

September 27, 2013

1. On January 30, 2012, the Defendant revoked the disposition of non-conformity with the requirements for persons who rendered distinguished services to the State against the Plaintiff.

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

The order is as set forth in the text.

1. Details of the disposition;

A. On February 2, 2006, the Plaintiff entered the Army and was appointed as a noncommissioned officer on May 4, 2006, and on May 2, 2010.

5.3. Maturityed and discharged from the Republic of Korea.

B. On November 209, the Plaintiff filed an application for registration with the Defendant on June 24, 201 on the ground that he/she received an operation after undergoing a diagnosis at the Daejeon National Armed Forces Hospital on the ground that he/she was suffering from the fact that it was caused by the mountain scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s (hereinafter referred to as “instant”).

[Ground of recognition] Facts without dispute, Eul evidence Nos. 5, Eul evidence Nos. 13 through 15, Eul evidence No. 23, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff did not have any more than knee in the military entering the military. On November 2009, the Plaintiff, while serving in the military, built a place after moving to a night-time-time-time-time-time-time-time-time-time-time-based-time-based-time-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

(b) Fact of recognition;

1) Details of health insurance benefit (from November 200 to November 1, 2010)

- The records received in relation to knee-free knee-free will not be confirmed. 2) The stage outpatients of the kne-free knee-free knee-free knee-free.

- 2006. 11. 15. 자 : 우족 외과 동통 ( 疼痛 ), 요통, 우하지 인통 ( 引痛 ), 1월전 구보하다가

- Persons on November 16, 2006: Si newsletter, aggravation from fish, knee-free sports restrictions are almost normal in the Gu newsletter in January, 2006, and knee-free salt kneeeeee-free (Looo).

- Of February 27, 2007: 2/24; aggravation of the Gu newsletter after the movement immediately preceding the movement; deterioration of the right-free knee-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-related

- The person of March 30, 2008: the right : the card of 19 parallels, the c/24th, the 3/24th, the 3/29th, the 3/29th, the 3/29th, the 209. - the person of January 20, 209: the person of January 20: the occurrence of the 6 months earlier, there is no special reason, and there is no suspicion of damage to the left-hand kne-free lake, the left-hand kne-free knives, and the knives of the left-hand.

B) At the time of the Armed Forces Madern Hospital (1) Madern patient medical records

- The right floor of the No. 1909, Nov. 21, 2006, with the symptoms set forth above, is low from the right floor of the GBP (LBP), for the first time prior to November 21, 2006:

- 2006. 11. 24. 자 정형외과 : 〈 진단명 〉 ( 의증 ) 발목의 염좌 및 긴장, < 주소 > 우측 발목 통증, < 발병일시 > 한달전, 〈 현병력 > 한달전 삔 적이 있다 . ( 2 ) 입원기록지

- On December 5, 2006: there is no power on the right-hand bridge; (3) nursing records.

- On December 5, 2006, after September 2006, there was a need for a close inspection and treatment due to the occurrence of the front bridge and the radioactive ray from November 199, and hospitalization for the purpose of close inspection and treatment.

C) A place where the Armed Forces Daejeon Hospital beds (1) outpatients of outpatients;

- Persons on January 28, 2009: their address and kneee, with no less than knee, 208, X-ray characteristics;

- Persons of April 27, 2009: Written Roster MI on each side of the slotss on each side of June 22, 2009, there is no opinion that it would be noted that MaI on each side of the slots on each side of June 22, 2009 (the taking of June 15, 2009).

- - Persons of February 1, 2010: "I wish to open in training. At the general walking, I wish to do so. Woman knee knee - - on each side, on credit (-), on each side, on each knee -), on each knee -, on each knee -, on each knee knee -, and on each knee knee -, on

- By February 9, 2010: Written Decision - Written Decision - Written Decision - Written Decision - Written Decision - Written Decision - Written Decision - Written Decision - Written Decision 100 Written Decision - Written Decision - Written Decision - Written Decision 9 February 2010 (2)

- In the light of hospitalization: Manee-mae-mae-magne-Magne-magne-Magne-Magne-magn, the implementation of the training in the future, the continuation of the training in the future, and the taking-up and the taking-up of the operation of the training in the mountain area around June 2009. In 209, there was a sloping in the sloped course during the mountain area training in the mountain area, and the paind, which led to the deepening pain, and which led to the deepening pain, all of which are hospitalized under the consideration of the care in the brug and the care in the brug after the day-day care, - the major symptoms of hospitalization - being taken into account by the care of the care in the brug: both sides Mae-Mag-Mag-Mag-Mag (abre-ging with both sidess.

- A video medical report on February 9, 2010: based on the side of the slive slive slive slive slive slives

Dr. Cr. - Dr. Madr. Madr. Madr. Madr. Mad. Mad.

- The records of the operation conducted on February 17, 2010: the coordinates, the operation name test, the observation of the operation observation room, the opinion of the rush of the rush of the rush, the rush of the rush of the rush, and the multiple rush of the rush (++)

- The records of the operation conducted on February 24, 2010: A normal opinion is given to the implementation of the re-performance, which is a stoves stoves, a stoves stoves, a stoves stoves, a stoves, and stoves from the inside and outside of the stoves, a stoves, a stoves, stoves, stoves, and stoves.

- A video medical report on April 12, 2010: suspicions of the right-free kne MaI, MaI, Masle part part-packer (Wook part-packer part)

- The records of the operation on April 26, 2010: the test of a diameter of the operation, the observation of the operation, the observation of the operation, the observation of the operation, the observation of the performance of the operation (+ the observation of the operation) of a brupt of the brupt of the brush

- The records of the operation conducted on May 12, 2010: The records of outpatients at the National Armed Forces Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-

- On January 8, 2010: To provide the left-hand sleep certificates, the examination of the ex-ante progress officers, the examination of the left-hand slick slick slick slick slick slick slick slick slick slick, and water treatment

- the first day of January 8, 2010: The left-hand slotist, the second half of the post, and the second half of the side of the internal and external side, and the second half of the internal and external side, there is no opinion that there is no abnormal opinion. In conclusion, the second half of the Army Chief of Staff of the Army on August 9, 2011, the fact-related fact-related to the requirements of persons of distinguished service to the State, such as the person, etc. on August 9, 2011.

-Disqualified: During education and training

- In the name of original soldiers: ① Other and detailed parts of the base and tensions, the base and tensions of the shoulder, the base and knee-free base and tensions, the base and tensions of each of the following:

(2) The chropane, tensions, and other psychosis and chronological disorder, chromosomes and tensions.

(3) Other obstacles to salt, tension, defrat, defrat boundary or any other obstacles.

- Prize name: Yang Slovas fever, 1000 Slives

- As a result of the verification, the records of hospitalization at Daejeon Hospital (blocks) on February 9, 2010, from November 21, 2006 to the name of the first sick person (blocks for outpatients), are recorded (blocks for outpatients), starting from November 21, 2006, under the name of the second sick person.

(3) The certificate of self-sicked Person on June 22, 2010, issued by the head of the 7 No. 7 No. 4 of the documents of hospitalization (blicked Person) on December 5, 2006, under the name of the injury or disease in the line of official duty.

- Sick: Maternity of the first half of the thousand nine hundreds;

-The major classification: Diplomatic injury;

-gresponding circumstances: (a) while moving at night in the large-scale tactical training assessment conducted in November 2009 at night, she appeal to kneeknee in each knee, by mountain ground type, which was frightened by mountain ground type, which was frightened to vadidi.

② After the type of training, soup making soup to the stage treatment and continuous performance of the female group, however, the pain was continued, and the left-hand knee-free knee-free kne-free knee-free knee-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-off on January 18, 2010. On February 9, 2010 as a result of the inspection, it was sent to Daejeon National Armed Forces,

24. Conducting re-treatment as the left-hand-hand-hand side, and conducting rehabilitation treatment for a period of two months.

(3) MaI photographs shall be conducted by appealing to the right-free knee-free one after rehabilitation treatment. A medical opinion of the Board of Patriots and Veterans Entitlement on December 31, 2010, after the right-free kne-free one is examined on the right-hand kne-free one, and on April 24, 2010, after the right-free one is examined on the right-hand kne-free one, and there is a medical opinion on May 12, 2010).

- The left-hand kne-free will be observed by ACL poper on a photo of kne-free, but multi-sule will not be related to the credit of the principal due to his existing disease. If the cost of the left-hand sule in November 2009 was damaged by the injury, the medical record at that time would be able to prove the injury during the performance of his duties.

- The right-free knee is observed on April 12, 2010 by the opinion of MaI on the part of the MaI (Madmon No. Madmon), the Madle Madle Madle Madle Madle Madle Madle Madle, the Madle Madle Madle Madle Madle Madle, and there is no increase in the Madle madle madle madle ma

B) Results of this Court’s entrustment of medical records to the Head of Daegu University Hospital Hospital

- The time of the strike, which is the first half of the slot team: The first half of the calendar team, particularly young, is caused by credit for the young. In the case of the Plaintiff, the second half of April 2009, the second half of the calendar team did not take the left-hand slot team image. In general, when the payment is damaged by a acute nature, the second half of the calendar team and the pain are serious, and there is a restriction on the second half of the calendar team.

At the time of training due to the absence of a dual opinion at the time of November 2009, it can be a factor that may cause the above-mentioned disease, in a situation where it is difficult to accurately link it with it, or an accident that reduces the volume of 5m. However, considering the records that continued to have been in the left-hand chain chain, it may not be excluded from the high-speed level of the previous one.

- The period of pestation, which is the first half of 209: from April 2009, the right slots were carried out in June 2009. At the time, there was no special opinion in the reading records, and there was no evidence that there was no dual opinion at the time of the water in November 2009, such as the left-hand slots, so that there is no evidence that there is no equitable relation with the acute wave. However, an accident that falls short of 5 meters from the water level can be a factor that could cause the above disease.

- Although high strength training may sufficiently contribute to the stoves of the total stoves, there are many symptoms, such as knee's unstableness, pains, and side races, and in this case, there are many cases where immediate perceptions can be possible, so that there is little possibility that it has been chronicly stoved.

- With approximately two months after the water, there may be no great obstacle to the daily life due to a decrease in restrictions on the winding, pains, and water-saving movements. MI photographs also have a chronic wave number of days.

- At the RoI shooting implemented on February 9, 2010, it is possible to predict that the diversity of the diversity that exists on the left-hand side after the lapse of time. However, there is no basis for what kind of progress has occurred.

- Not only military training, but also personal leisure activities and daily life may cause multiple ties upon the lapse of time due to a certain level of credit.

- Multi-salutism generally results from chronic heat, and regardless of whether it comes to other parts. In view of the present data, it is judged that the multi-salutism and the left-hand salutism are related to the multi-salutism and the left-hand salutism.

- In a case where there is a wave in the slot counter, the amount of the erosion and the amount of the erosion and the amount of the erosion will be accompanied by almost all cases. The erosion and the amount of the erosion and the amount of the erosion shall be naturally mitigated when the level of 6 to 8 weeks of the erosion expires, but it is not clear about the time when the erosion is absorption. Even if MRI was taken on April 12, 2010, which was six months following the erosion, due to an injury during training conducted in November 209, it is sufficiently possible that the increase in the amount of the erosion and the erosionation will not be observed when the erosion is taken on April 12, 2010.

- When the rupture, which is a small shock, has been carried out, the sum of the ruptures and the ruptures can be omitted, but in this case the sum of the ruptures may also be increased when it is finally cut.

- The general causes and symptoms of the slot machine, a slot machine, are divided into most of the causes and symptoms of sports damage (15%) and direct damage (15%) and indirect damage (85 per cent, 15 per cent after the opening of the large-scale area, 85 per cent, sniff after the opening of the new area, sniff after the opening of the new area, sniff after the opening of the new area, and sniff after the opening of the new area). The damaged area is mainly caused by the external power and internal power by the sniff at the time of the winning of the new area.

- It is difficult to accurately determine whether the router satise of the satise of the satise of January 8, 2010 and the satise of the satise of the satise of February 17, 2010 can be deemed to have been caused by the injury in November 209. Opinions of the satise will be important.

- It is difficult to accurately determine whether the MaI on April 12, 2010 and the Mascoon photo of the Mascoon on April 26, 2010 can be seen as arising from the injury in November 2009 when confirming that the Mascoon photo of the Mascoon was created. Opinions of the Mascoon will be important.

-whether each accompanying medical record and CD video data can be deemed to have been caused by the military performance of official duties by both slots, the injured parties of the instant application: It is not possible to predict that excessive military training is more likely to contribute to the shots, the shots, the total of which are the shots, rather than the general public.

[Ground of recognition] Gap's evidence Nos. 3, Eul's evidence Nos. 4, 6 through 10, 16, 17, 20, and 25, and the court's Daegu District Court's request for the examination of medical records for the director of the University Hospital.

1) During the education and training or performance of duties referred to in Article 4(1)6 (a) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sep. 15, 201)

(A) “Aggravated injury” refers to a soldier’s injury or disease during education and training or in the performance of duty. Therefore, in order to be different from the above provisions, there is a proximate causal relation between education and training or in the performance of duty and the injury or disease thereof, and the causal relationship between the injury and the performance of duty, etc. should be proved by the assertion (see Supreme Court Decisions 2003Du5617, Sept. 23, 2003; 2010Du12941, Oct. 28, 2010, etc.). However, in light of all the circumstances, the causal relationship does not necessarily have to be proved clearly by medical and nature, and it should be determined that there is a proximate causal relation between the injury and disease in the performance of duty and the injury or disease in the performance of duty, even if there is a reasonable causal relation between the basic disease and the injury or disease in the performance of duty and the injury or disease in the performance of duty, and it should be determined that the causal relation is included in Gap’s average injury and disease 2070.

① According to the Plaintiff’s health insurance medical care benefit, the Plaintiff had no power to receive medical treatment with respect to knee-free, ② Gekne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free kne-free.

12. In full view of the fact that there is a sufficient possibility that the increase in the amount of steel ruptures and ruptures is not observed in the self rupture images, the difference in the application in this case is inherent in the high military training in the field of strength, which the Plaintiff performed while serving in the military as a noncommissioned officer of the special company.

It is reasonable to see that the risk of knee-man kne-man kne-man kne-man kne-man kne-man kne-man kne-man in the mountain area was realized due to an accident of about 5m gne-man in the night training in the mountain area around November 2009. Therefore, proximate causation between the difference in the application in this case and the education, training and performance of duties in the military service of the

3) Therefore, the Defendant’s disposition of this case is unlawful under a different premise, and the Plaintiff’s assertion is with merit.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

Judges Kim Jae-sub