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.

1. The reasons why the court should explain this part of the reasons are the same as the part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasons are cited by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The difference in the plaintiff's assertion occurred while the plaintiff was in office of the Inspector General of the Ministry of National Defense (from September 13, 1983 to January 31, 1987). However, the plaintiff was unable to provide medical care due to the special audit duties, and the military officer removed agricultural products in a false manner after the special audit, and thereafter, the non-governmental hospital did not completely recover from the operation.

Therefore, even though the instant difference was caused by the military performance of official duties, the instant disposition based on a different premise is unlawful.

B. (1) Determination ought to be based on a proximate causal relationship between education and training, performance of duty, and injury or disease in order to constitute “a soldier or policeman wounded during education and training or performance of duty (including illness in the line of duty)” under Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sept. 15, 201).

The existence of the proximate causal relationship must be proved by the arguments, but it is not necessarily required to be proved by medical or natural science, but it is presumed that there is a proximate causal relationship between education and training, performance of duty, injury or disease, considering all circumstances.

However, without this degree, the causes of the outbreak and aggravation of modern medical science can be related to education and training or the performance of duties, but the injury or disease is related to the factors belonging to the personal domain such as genetic factors or living habits, and the risk of inherent in education and training or the performance of duties is realized.