2016Gudan51198

Disposition of revocation of qualification for persons who have rendered distinguished services to the State

A

Law Firm Dopyeong, Attorney Park Jong-sung

Attorney Long-Gyeong-chul

The head of the Incheon Veterans Branch Office

December 11, 2018

January 8, 2019

1. On July 1, 2016, the part of the Defendant’s disposition against the Plaintiff, which was non-conforming as a person eligible for veteran’s compensation, shall be revoked.

2. The plaintiff's remaining claims are dismissed.

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

On July 1, 2016, the defendant revoked the disposition against the plaintiff as a person who rendered distinguished services to the State and as a person eligible for veteran's compensation.

1. Details of the disposition;

A. On November 30, 2007, the Plaintiff was admitted to active duty service on December 1, 2005, and was discharged from active service on November 30, 2007, and again re-entered as BCOM noncommissioned Officers on September 25, 2008, and was discharged from active service on February 29, 2016.

B. On July 7, 2010, the Plaintiff sent to C unit, and laid off 4m high-speed bars installed for the installation of a gate in the operation of the fixed surveillance zone on July 7, 2010, and later fell on the right side. On September 1, 2010, there were symptoms, such as gymnasium and low grasium, and on the following day, there were suspicions on L3-4 tymnasium L3-4 tymnasium in the National Defense Waterworks Hospital, L3-4 tymnasium on February 9, 201, L3-4 3-4 tymnasium hospital on March 17, 2011, 3-4 tymnasium C-1 tymnasium and 2-1 tymnasium tymnasium on June 18, 2015.

C. However, on July 1, 2016, after deliberation by the Board of Patriots and Veterans Entitlement on June 16, 2016, the Defendant provided guidance on the results of deliberation on the registration of persons who rendered distinguished services to the State and persons eligible for veteran's compensation (hereinafter "disposition in this case").

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff's disposition of this case is inappropriate because the above application price and the natural progress has deteriorated due to a large number of training, military service, etc. that have passed the physical examination standard of the noncommissioned Officer.

B. Determination on the part concerning the urinal failure, the prosecution, etc.

1) The part concerning uneasiness, easiness, and eassive disorder caused by the Mali-Malitha

According to the medical examination report of the Armed Forces Yang-ju Hospital (Evidence A No. 12), there is no evidence to acknowledge that urology was derived from credit in 2010 or 2015, or otherwise caused or aggravated due to public duties, in light of the fact that the Plaintiff stated that “the urology was 2010 (the urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine dine 6-1, 2015).”

Furthermore, according to the medical examination report of the Armed Forces Yang-ju Hospital (No. 12, Feb. 3, 2016, and evidence No. 12), it appears that the F Hospital was diagnosed on Oct. 8, 2015, such as depression, uneasiness, and non-specific recognition disorder. However, in a case where depression and uneasiness occurred due to urology disorder, first of all, her part of her urology should be recognized as a disease caused by official duties, but it is difficult to acknowledge it as seen earlier, and there is no other evidence to acknowledge that there was a cause for performing official duties.

Therefore, the part of the disposition of this case’s uneasiness, depression, and Maternal disorder caused by the Mali-Mali-Malitha is justifiable.

2) Construt part

According to the results of the appraisal commission to the G Hospital head conducted by this court (as of November 7, 2018), "The plaintiff's C5-6 falls under three stages among the five stages of the leaving-off of estimated signboards proposed by the general Pfirmann and falls under three stages among the five stages of the leaving-off of the signboards, and the number of debris in 2015 is verified, but this is still a "in the process of the changing of 'bruption, not external wounds', it is difficult to conclude that the damage of the fiber wheels alone is a change of external wounds. Although the damage of the fiber wheels was caused, it is difficult to regard that the degree of the damage of the fiber wheels is light, and it is difficult to view that the damage of the fiber wheels was caused by the accident in the Leba debate on July 2010, and it is difficult to say that there was a well-known change of external wounds until 2015," and there is no other evidence to reverse it from the education and training.

Therefore, the part of the prosecution of the instant disposition is justifiable.

C. Judgment on the essential part

(i) Medical opinions

○ replys to the head of G Hospital as a result of the entrustment of appraisal ( September 12, 2017)

- On September 2007, the Plaintiff was entered into force in a waterworks hospital while serving as a sergeant, and at this time, “at the time” 3 to 4 separate certificates, the escape from L3 to 4 protruding signboards, the right-hand side, and there is a high risk of getting out of the young age when there is a separate evidence. As such, some of L3 to 4 protruding sprinks are observed.

- The number and height decrease of L3-4 protruding signboards immediately after the outbreak of September 2010, as well as L3-37, there is a change of recidivism, accompanied by a fiber wheels, and there is also doubt that the change of credit is doubtful because it is accompanied by an escape certificate, and C37

- There is also a probable opinion to regard that L3-4 conical signboards escape certificates have partially deteriorated due to external wounds in light of the fact that a well-known shock to the degree of loss of consciousness was caused by two parts, that was presumed to have been external inverteb at the time, that there was an accident after the accident, and that there was a RI’s cryption in the MRI taken immediately after the disease was returned from the wave.

○ The reply to the inquiry of the fact to the president of G Hospital ( June 11, 2018)

- In the medical record appraisal, it is reasonable to determine that there is a probability of causal relationship with the injury during the performance of official duties only L3-4 conical signboards escape certificates.

- It is not reasonable to determine that there is a causal relationship between clinical symptoms and a reasonable video image, in view of the fact that there is a suspicion of an external wound after 2010 and there is a possibility of suspicion of an external wound as well as clinical symptoms, when it is presumed that there was a direct external wound, and that there was a serious injury in such external wound, and that there is a serious suspicion of an external wound after 2010.

- The degree of contribution to the rapid aggravation of L3 to 4 critical signboards escape from L3 to 4 in 2010 is determined 50% at the time of evaluation by the opical method.

2) Specific determination

A) Whether a person constitutes a person of distinguished service

Article 3 [Attachment 1] 2-8 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides that "where an existing disease is caused or aggravated" is excluded from persons of distinguished service to the State, the purpose of Article 3 [Attachment 1] 2-8 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State is to exclude cases where the performance of duties or education and training directly related to the protection, etc. of the State cannot be assessed as the main cause of the occurrence or aggravation of a disease at issue, or the aggravation of the disease at issue. Thus, even in cases where there is room to deem that an existing disease is partly related to or affected by the occurrence or aggravation of the disease at issue, if it is recognized as the main cause of the occurrence or aggravation of duties or education and training, such interpretation is in line with the purport of delegation of the Act on Persons

As seen in the above medical opinion, it is recognized that the plaintiff was diagnosed on September 2007 as 3 separate certificates, L3-4 protruding signboards escape certificates, and right side in a waterworks hospital where the plaintiff was employed as a sergeant on September 2007, and if there is a separate evidence, there is a high risk that leaving the young age would occur, and it is recognized that the expansion of galle that has already been partially protruding from L3-4 protruding signboards has been observed. As such, the plaintiff's escape certificate constitutes a case where the existing disease is caused or aggravated, it cannot be deemed that the plaintiff constitutes a person who rendered distinguished services to the State.

Therefore, the part on the disposition corresponding to the person who rendered distinguished services to the State is justifiable.

B) Whether the person is a veteran of veterans’ benefits

Article 2 [Attachment 1] 11 of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran's Compensation sets out "a person who has died or has been wounded due to a disease medically recognized to have a substantial causal relationship with his/her duty or education and training (referring to a sudden aggravation of the nature at a speed above the level of progress) as a person eligible for veteran's compensation.

According to the medical opinions as seen earlier, the Plaintiff’s two parts of the steel bars, the spawn of the steel bars, and the spawn of the spawn were shocked on July 2010, and caused damage to the spawn, and the spawn was caused by the spawn, and the spawn was caused by the spawn, and the spawn was caused by the spawn caused by the spawn. In 2010, the degree of contribution to the rapid aggravation of the spawnhn of L3 to 4 spawn signboards by the spawn method is determined to be 50% at the time of the evaluation by the spawnical method. In full view, it can be recognized that the spawn

Therefore, the Plaintiff constitutes a person eligible for veteran's compensation with regard to escape from L3 to 4 main signboards among the application forms a person eligible for veteran's compensation. The Plaintiff's non-applicable part of the instant disposition is unreasonable.

3. Conclusion

Therefore, the plaintiff's claim is partially reasonable. Accordingly, the part of the disposition in this case which is not a person eligible for veteran's compensation is revoked, and the part corresponding to the disposition that is actually a person of distinguished service to the State is dismissed. It is so decided as per Disposition.

Judges Kim Yong-sik