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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. In addition, the Plaintiff asserts that the instant wound was a person of distinguished service to the State, rather than a person eligible for veteran’s compensation, because the injury (the injury suffered from an accident or disaster during the performance of duties or education and training, or from an medically recognized disease that has a considerable causal relationship with the performance of duties or education and training) was caused by a wound (the injury suffered in the performance of duties or education and training directly related to national security or the protection of people’s lives and property) which is the requirement for recognition of a person of distinguished service to the State. Thus, the Plaintiff asserts that the Plaintiff is not a person eligible for veteran’s compensation but a person of distinguished
However, the direct causal relationship between the injury, job performance, or education and training, which is the requirement for the recognition of persons who have rendered distinguished services to the State, is insufficient only to have a proximate causal relationship between the performance of duties, education and training, and death or wound, and the death or wound should be the main reason for the performance of duties or education and training directly related to national defense,
Therefore, even if the performance of duties or education and training has partly affected the death or wound, it falls under the scope of recognition of the requirements for persons who have rendered distinguished services to the State, in cases where the performance of duties or education and training cannot be deemed as the main cause of the death or wound, such as where it is mainly caused by his/her physical talent, living habits, or an existing disease has been partially deteriorated due to the performance of duties or