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(영문) 부산고등법원 2014.12.19 2013누20844
국가유공자요건비해당결정취소
Text

1.The judgment of the first instance shall be modified as follows:

On January 26, 2012, the Defendant is required to provide distinguished services to the Plaintiff.

Reasons

1. Acknowledgement of the judgment of the court of first instance (such as the background of the disposition) is the same as the relevant part of the judgment of the court of first instance, and thus, this Court’s explanation as to the background of the disposition and the relevant statutes.

2. Whether the instant disposition is lawful

A. The key issue of the instant case pertains to whether there is a proximate causal link between the loss of the hearing power of this case and the Plaintiff’s performance of military service. The key issue is whether there is a difference between the loss of hearing power of this case, the trend of reasoning, the right part, the right part, the right part, the right part, the right part, the right part (hereinafter “each of the instant wounds”).

B. Determination 1) 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 Presidential Decree No. 2010, Apr. 1, 201) includes diseases

The term "military personnel or police officers" means those who are injured or ill during education and training or in the performance of their duties.

Therefore, in order to become different from the above provision, there should be a proximate causal relationship between the education and training or performance of duty and the injury or disease, and the causal relationship between the duty, etc. and the injury should be proved by the party asserting it.

However, the causal relationship does not necessarily have to be proved clearly in medical and natural science, and even if there is a proximate causal relationship between education and training, performance of duties, and the injury or disease, considering all the circumstances, it shall be deemed that the causal relationship was proved. Also, if the basic disease or existing disease that can normally work at ordinary level rapidly worsens above the natural progress speed due to training or overworking, etc., it shall be included in the proof, and the existence of the causal relationship between education and training or performance of duties and the injury or disease shall be determined based on the health and physical conditions of the relevant soldier, not by the average person.

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