(영문) 서울고등법원 2014.6.27. 선고 2013누25841 판결

A. On October 20 of the same year, the Plaintiff entered the Air Force on 1950, Oct. 10, 1950, and received new illness training by October 20 of the same year, and was placed in a new air airfield near ririwon, and was on night duty on October 23 of the same year, and was on night duty on the ground floor on October 29 of the same year. On October 29 of the same year, the Plaintiff was discharged from the military service on April 30, 1951 after he was under long-term hospitalized treatment after being transmitted to the Air Force Hospital.

B. On September 28, 2011, the Plaintiff was used for the same reason as described in the foregoing paragraph (a) and sent to a private hospital, and was diagnosed as a ' tuberculosis catus catus catus catus (i.e., tuberculosis catus catus (i.e., tuberculosis catus catus)' in the left side of the hospital. After discharge from the hospital, the Plaintiff filed an application for registration of persons of distinguished services to the State with the Defendant on the ground that the catus catus (i.e., satus catus catus catus catus catus catuss

C. On the other hand, the Defendant cannot verify whether the Plaintiff’s disease that was sent to the Air Force Hospital during military service and was hospitalized at the time was a tuberculosis cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage fage fage fage fage fage fage fage fage fage fage fage fage fage fage fage fage fage

[Grounds for Recognition: entry of evidence No. 1 and purport of the whole pleadings]

2. Whether the disposition is lawful;

A. The plaintiff's assertion

Although the Plaintiff entered a healthy state, the Plaintiff had been placed at night at a 20-day high level of new disease education, had been continued to work at night with the enemy after being placed at the new air base, and had been suffering from tuberculosis cage because of the circumstances such as failure to properly meals due to poor distribution in wartime. After that, the Plaintiff was sent to the Air Force Hospital for a long time after being hospitalized, but was discharged from the military after being hospitalized for a long time, but the instant injury was caused by the aftermath of tuberculosis cage cage. Accordingly, proximate causal link was recognized between the Plaintiff’s performance of official duties at the branch of the instant air base and the Plaintiff’s performance of duties, and thus, the instant disposition based on a different premise was unlawful.

(b) Fact of recognition;

1) The Plaintiff’s military career and the process of discharge from military service

① On October 1, 1950, the Plaintiff entered Daegu, which was an escape site, into the 7th Air Force History. At the time, the competition rate for applicants reached approximately 5:1, and there was a detailed physical examination for applicants, such as chest X-ray photographing using roll films, but there was no particular problem with the Plaintiff.

② After entering the Plaintiff, the Plaintiff received a new disease education for about 20 days until 1950, 10, 200. At the time, the Plaintiff was extremely imminent in time of war, and thus, the strength of training was considerably strong. On the other hand, the level of meals in a training room was extremely strong. On the other hand, if the Plaintiff included a brubed fry in salt station, the level of meals in a training room was dried at the kitchen or, in any case, so far as it was difficult to drink at the kitchen without de

③ On October 23, 1950, the Plaintiff was placed in the new air base near the Gibydo, North Korea Air Force. The Plaintiff, including the Plaintiff, was approximately 20 airmen working in the new air base. The main duties performed by the Plaintiff, including the Plaintiff, led to the first emergency of the year due to the cost of the new air base, poor supplies and insufficient human resources, security area protection, neighboring valleys, and concern of the remaining soldiers of the People’s Republic of Korea, etc. who died in the new air base.

④ On October 29, 1950, while the Plaintiff worked at night on a new air route, the Plaintiff was discharged from military service on April 30, 1951, when he was sent to the Air Force Hospital for a long time after being hospitalized.

⑤ The residence list in the air force is recorded as the Plaintiff was hospitalized in the Air Force Hospital for 67 days from November 15, 1950 to January 20, 1951, and the name of the hospitalized disease is not recorded.

(ii) records of obligations after discharge;

A) B Hospital’s medical records from August 23, 1987 to August 29, 1987 (hereinafter “the medical records of the first B hospital”)

○ Diagnosis : Mazymitis, chymaritis, chymaritis

○ Discharge Status: Restoration

○○ Man Certificate: A male patient at the above 54 years of age was relatively healthy, but since one week prior to one week, he was used for medication through the outpatient, but did not have the symptoms, and was hospitalized in order to undergo evaluation and treatment due to aggravation of guest stories due to 3 days prior to 3 days prior to her death.

○ Maspathic power: Maspathic disease (+) + Maspathic disease (-), urine(-), high blood pressure(-)

B) B Hospital’s medical records from October 4, 198 to October 15, 198 (hereinafter “the medical records of the second hospital”)

○ Name of diagnosis: Impictal infections

○ Results of treatment: Easure

○○ Man-si: 55 patients were hospitalized due to the symptoms of heat and physical death, and they were healthy until now.

○ king power: pulmonary tuberculosis (-), urology (-), and high blood pressure (-)

○ Scar X-ray on October 4, 198: Mali-Maliy, compared to the images taken on August 23, 1987, a minor chest X-ray accompanied by a astronomical tent, shall not be frightened on the left-hand chest.

C) The result of the chest ray reading in the Japanese National Hospital on May 3, 2000 (hereinafter referred to as the "the result of the first Japanese National Hospital reading").

The closure shall be clean, the left-hand clor joint deposit of a clorus.

D) The result of the chest ray reading at the Nansan Hospital on October 16, 2001 (hereinafter “the Second Nansan Hospital reading division”)

Waste is clean and the left-hand plebing

E) C Hospital radiation records (hereinafter “C Hospital radiation records”) dated October 19, 2001

○ Tuberculosiss that constitute a earthquake on each side of the leaves;

○ The left-hand Corerced Corresses

It is more likely that ○○ is more likely to be scarcity than scarcity, and due to this, it is not able to impose heavy burden on the scarcity.

○ Duplicing and duplicating on the right side and on the left side side;

F) Medical certificates of C Hospital dated September 28, 201

○ Name of Diagnosis (final Diagnosis): Tuberculosis(s)(s)

○ future treatment room: The above patient is the patient with the past record of the left-hand chest chage because of tuberculosis cageage, and the patient needs continuous tracking in the future as of September 28, 201 after the cage cage cage cagecage was implemented with a narrow cagecage cagecage on the left-hand side.

G) As of September 3, 2013 and December 9, 2013, each C Hospital’s diagnosis report (f) and (g) (hereinafter referred to as “each C Hospital’s diagnosis report”) is referred to as “each C Hospital.”

With respect to the general diagnosis certificate issued at the Main Board of Korea on September 28, 2011, the prescarcity scarcity scarcity scarcity scarcitys can be interpreted as a main diagnosis, and as mentioned above, the tuberculosis scarcitys and tuberculosis parts can be interpreted as a past history diagnosis. The records of the Plaintiff’s treatment of tuberculosis at the time of receiving the ornamental scarcity scarcity in the Main Board around October 201 do not exist.

H) The medical certificate of the Central Veterans Hospital dated October 1, 2013 (hereinafter “the medical certificate of the Central Veterans Hospital”)

○ Disease (Optional presumption): Repulmonary or detailed tuberculosis; pulmonary legacy of an unidentified;

○ Future Medical Opinion: An opinion on the treatment of tuberculosis (as of October 1950, diagnosis and treatment, patient’s statement) and a ple X-ray plebling on tuberculosis itself and the left-hand plebling. There is also a possibility of degradation of the function of pulmonary treatment due to tuberculosis plebing. In addition, there is a chronic plebing on the left-hand side, depending on the symptoms of the patient. There is a need for continuous treatment.

(iii) relevant medical opinions;

(A) Spage cage cages of tuberculosis

The ple cage or cageitis refers to a disease of abnormal increase in the number of sage normally existing in the chest mouth. Among them, cage cage cage has a immunological reaction against the pulmonary tuberculosis disease that directly enters the chest mouth or is adjacent to the chestus. A large number of vegetable diseases or alcohol addicts may occur if the vegetable is deteriorated, such as a vegetable or alcohol addict, but it may also result in shaking for healthy young adults. A patient with approximately 20-40% of the vegetable tuberculosis may be accompanied by active tuberculosis.

B) The injury or disease of this case

A cage cage at the original 201cm away, but there are cases where the cage cage cage is suffering from the cage cage at the same time. As a result of the cage cage (sage cage) cage, the status of the cage cage cage is the injury of this case. In the case of the injury of this case, the cage cage at the same time is at least 5m and even at least 1cm, it is difficult to bage at the same time, and there is a pain on the chest.

4) Results of commissioning party members to conduct appraisal of medical records at the hospital of the Hanyang University

According to the plaintiff's memory, it was used at the site of severe chest and respiratory difficulty while on duty, and after being sent to the brightness Air Force Hospital, the military doctor extracted water that can be derived from the plaintiff's death in the next gul of the plaintiff, after being hospitalized. This can be presumed to be a acute tuberculosis clatus.

○ If you get out of water, they can be suspected of blood plesy if they have been born.

○ 제2차 B병원 의무기록지 중 '1987. 8. 23. 촬영한 영상과 비교하여 볼 떄 천막 화가 동반된 경미한 흉막비후가 좌측 흉부에 나타난다.'는 표현은 1987. 8. 23.에 촬영한 흉부 X-ray 사진과 비교하여 볼 때 1988, 10. 4.에 촬영한 흉부 X-ray 사진에서도 이 사건 상병이 보인다는 의미로, 더 심해졌거나 혹은 없었던 것이 생겼다는 의미는 아닌 것으로 판단된다.

○ If the injury or disease of this case, which was no or was written in the chest X-ray in 1987, was seen as seen in the chest X-ray in 1988, or increased, it would have been deemed that the early 1987 would have been repeated or the change of activity was shown.

○ If it was determined that the cage cage cage, which was taken by the doctor of the B Hospital on October 4, 1988 after the chest X-ray model reading, had re-drawed from 1987 to 1988, it would have been confirmed that the patient was asked whether he had received tuberculosis treatment at a medical institution or not.

○ The medical records of the second B Hospital did not have any medical examination that asked whether or not to treat tuberculosis, and if it did not receive tuberculosis treatment, it is presumed that the doctor of the B Hospital judged that the tuberculosis was not re-refused between 1987 and 1988.

When determining the plaintiff's memory, medical records thereafter, and chest X-ray photographs, etc. in the Air Force Hospital after entry of the ○○, it is presumed that the injury of this case, which had been cut down due to the recovery of immunity and natural therapy after the treatment of approximately 6 months after the outbreak of cage cage cage at the Air Force Hospital, can be presumed to have been cut off.

○ In the absence of medical treatment between the Plaintiff, who is the patient of this case, as shown in the chest X-ray photograph of the C Hospital on October 18, 2001, and there was no illness among them, the injury and disease of this case is determined to be a scar in the last time as a result of the disease being treated in the Air Force Hospital from 1950 to 1951.

In addition, if "the injury or disease of this case" is recorded in the records of the first B Hospital's medical records, it can be presumed that the plaintiff suffered cage cage cage cage cage cage cages before 1987.

○ ○ 2 B Hospital Records are accepted in the same sense as 'the injury and disease of this case' and 'the fact that 'the fact that the injury and disease of this case was recorded in the medical records of the first B Hospital'.

(v) a statement of medical specialist in internal medicine;

The tuberculosis germs, which entered the body of ○, is in a Dormant condition, has been developed when the immunity of the hostus becomes weak, which is called this kind of tuberculosis, and the period of outbreak is the highest 1 to 2 years.

The age of 0 is an important person to determine the outbreak of infection, and the occurrence rate of tuberculosis among infected persons is the highest in the early stage of juvenile horses and adults.

The time required for the outbreak of tuberculosis infections is wide rangeed from several weeks to several hundred years.

Most of the patients at 00 cage cage cage are suffering from pulmonary tuberculosis such as pulmonary tuberculosis.

It is determined by the three main elements that the tuberculosis germs were suffering from acute tuberculosis cage cage. First, the toxicity of infected tuberculosis germs is high, and the toxicity is strong, so that activity tuberculosis can be caused by active tuberculosis. Second, the euthanism immunity, health condition, age, etc. infected by tuberculosis germs.Third, it appears to be a higher outbreak rate in the environment, such as obsciants, obsciants, overfluences, water surface shortage, lack of nutrition, contaminated air, etc.

Although the period of ○ War is 26 days, it is thought that there was considerable influence on non-activity tuberculosis in converting it into an active tuberculosis even though it was 26 days.

Before and after the age of 20, the number of non-activity tuberculosiss is the most changed to active tuberculosis.

○ The outbreak of tuberculosis cage cageage has already entered the body for several years, and the tuberculosis cage has already been divingd into the body, and if it is placed in the poor or poor environment, it will be changed to the activity tuberculosis. In other words, if tuberculosis cages are divided into a strong immunity power, it can be said that it will be changed to the activity status as a result of a sudden change when the tuberculosis cages are in a non-working condition. While there is a difference depending on the physical constitution of the person who is changing, it is not short of the time between 26 days.

6) Details of the Plaintiff’s health insurance supply

The plaintiff did not receive treatment from September 2003 to November 201, 201 as waste tuberculosis or cage cage cage of tuberculosis.

[Grounds for Recognition: Gap's evidence 2, 3, 7 through 11, 19, 22, 23, 24, 26 through 31, Eul's evidence 1, 26 through 31, Eul's evidence 1 and 2, witness E of the first instance court, witness E's testimony, result of the appraisal of medical records, and purport of whole pleadings for the director of the Hanyang University Hospital of Korea.]

C. Determination

1) "A soldier or police officer wounded in the course of performing his/her 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, Sep. 15, 201) means that a soldier or police officer wounded or ill in the course of performing his/her duty (including diseases in official duties). Therefore, in order to become different from the above provision, there should be a proximate causal relationship between the soldier's duty and his/her injury or disease in the course of performing his/her duty, and regarding the causal relationship between his/her duty and his/her injury or disease, the causal relationship must be proved by his/her assertion: Provided, That the causal relationship does not necessarily have to be proved clearly by medical and nature, and in consideration of all circumstances, it should be determined that there is a proximate causal relationship between his/her duty and his/her injury or disease, even if it is presumed that there is a justifiable causal relationship between his/her normal duty and his/her average injury or disease, etc.

2) In light of the above legal principles, considering the following circumstances that can be seen by comprehensively taking into account the overall purport of the arguments as to the instant case’s health team and the aforementioned facts and the overall purport of the arguments, it appears that the Plaintiff’s disease for which the Plaintiff was hospitalized in the Air Force Hospital during military service was a tuberculosis clion. Furthermore, it is reasonable to presume that the Plaintiff’s tuberculosis clion cage was caused due to the lack of nutrition in the course of military entrance training and work, overwork, stress, etc., after entering the military. Therefore, there is a proximate causal relation between the Plaintiff’s tuberculosis clion clion and the Plaintiff’s performance of his military service at the instant branches, which are the subsequent legacy, and

① On October 29, 1950, the Plaintiff was hospitalized for 67 days from November 15, 1950 to January 20, 1951, and was hospitalized for 67 days, despite long-term hospitalized treatment. In light of the above circumstances, the Plaintiff’s disease that occurred to the Plaintiff at the time was considerably serious internal disease.

② As above, the Plaintiff was diagnosed as ‘satisfying catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch catch cat cat catch cat catch cat catch cat cat catch catch catn.

③ The medical records after discharge of the Plaintiff are recorded that there was a past record of 's chronology of tuberculosis (the result of the first B Hospital'), 'the past record of tuberculosis scarletitis and tuberculosis (the diagnosis report of each C Hospital), 'the 'the chronological record of the C Hospital' on both sides, 'the 'the chronological record of the C Hospital', 'the diagnosis report of the Central Patriots and Veterans Hospital', 'the 'the chronological record of the Second B Hospital', 'the chronological record of the disease' on the left side (the result of the first B Hospital), 'the chronological record of the disease of this case', 'the results of the second B Hospital'), 'the fact that the disease of this case was no possibility of being discharged from the first time after the second time after the discharge of the Plaintiff's military service, 'the result of the second time hospital', 'the result of the second time chronological disease of this case', 'the possibility of the plaintiff'the second time tuberculosis'.

(4) In full view of the circumstances of the above ① through ③, deeming that the disease that was the cause of the Plaintiff’s discharge from military service was a tuberculosis cage cage, accords with logical and empirical rules. In addition, according to the above evidence, the disease of this case is a disease for which cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage sage sage

⑤ On the other hand, on October 1, 1950, the Plaintiff joined the Air Force Group 7th century. At the time, during the process of selecting applicants, a detailed physical examination was conducted for applicants, such as chest X-ray shooting using roll films, but no particular problem was found with respect to the Plaintiff. Therefore, the Plaintiff seems to have been physically healthy before entering the hospital.

(6) After entering the Republic of Korea on October 1, 1950, the Plaintiff received new illness education for about 20 days from October 20 of the same year, and the new illness education may cause physical and mental tension and stress to a trainee who suffers from the side with high strength military training concentrated on a short-term and strict internal-free relationship. In particular, as the time of the outbreak of Korean War, it seems that a high strength training was continued on one-story level, including three km in the Gu newsletter prior to the outbreak of the Korean War, on the other hand, due to the fact that it is difficult to spread during the war, the level of meals inside the training center was extremely poor.

7) On October 23, 1950, the Plaintiff, located in the vicinity of the Sariwon, was placed in the new air base located in the North Korean air force, and even though approximately 20 air forces were employed in the new air base including the Plaintiff, the Plaintiff was in charge of excessive work, such as the cost of the new air base, the protection of the oil tank, and the maintenance of the whole public order at the new air base, which was not so sacriffed by the people group while sashing. In addition, the work environment was considerably poor due to the situation that there was an emergency situation due to the depression of the remaining soldiers of the People’s Republic of Korea who died with poor supplies and insufficient human resources, security zone, the protection of the oil tank, and the new air base. Accordingly, the Plaintiff, including the Plaintiff, was on night duty at night, and was judged to have suffered a high level of stress.

(8) According to the relevant medical opinions, the active tuberculosis generally occurs when a person exposed to the tuberculosis germs in the past and became spatisfyed due to the deviation of the tuberculosis germs whose body was weak due to the weakening of the immunity system. Among the tuberculosis germs, the active tuberculosis has developed at least 10%, and the frequency of the long-term outbreak of active tuberculosis is a net of pulmonary tuberculosis, spatch tuberculosis, spatch tuberculosis, and tuberculosis spatus. In general, even if the Plaintiff had already been infected by the tuberculosis germs before entering the hospital, even if the Plaintiff had already been infected by the tuberculosis germs, it does not amount to 10%. Nevertheless, it is difficult to view that the Plaintiff’s active tuberculosis spatchitis occurred in the chest X-ra examination before entering the hospital, and that there was no 26 days after entering the hospital as an active tuberculosis spatchitis.

9) In particular, it is deemed that the environment surrounding the brutrosis, such as the state of stress, harsh or harsh treatment, etc., has a high impact on the outbreak of active tuberculosis. The above 6th, 7th, it is deemed that the lack of water surface, lack of nutrition, contaminated air, etc., which the plaintiff received at the time, were the significant cause of the plaintiff's outbreak of crut crut crutitis.

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, so it is revoked by accepting the plaintiff's appeal, and it is so decided as per Disposition with the decision to revoke the disposition of this case.