(영문) 대구고등법원 2013.11.22.선고 2012누1656 판결

On December 20, 2010, the defendant revoked the disposition against the plaintiff as non-person of distinguished service to the State. 2. purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on September 23, 2008 and was discharged from military service on August 31, 2010.

B. On September 10, 2010, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State by asserting that he/she sustained ‘salonety balone baloneosis (hereinafter “salone balone”) in the performance of military duties with the Defendant.

C. On December 20, 2010, the Defendant rendered the instant disposition on the ground that there is no proximate causal relation between the Plaintiff’s performance of official duties in the military and the instant difference, subject to the deliberation and resolution of the Board of Patriots and Veterans Entitlement, on the ground that there is no proximate causal relation between the Plaintiff and the instant difference (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 2, 3-1, 3-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff, while serving in the military, was in exclusive charge of the tamping or repairing a paint at all facilities within a military unit, such as a living room, a resting room, a mouth frame, and a tennis, and was used on a port, thereby causing the instant wound due to the above harmful substances. Accordingly, the instant disposition made on a different premise is unlawful.

(b) Fact of recognition;

1) The plaintiff's military service and expulsion officer

A) The Plaintiff did not have any anything in light of the results of the health examination in 2007. On August 30, 2008, 2008, the former entrance into the military, the Plaintiff was subject to blood examination, immunity, and serum tests. There was no special abnormal opinion.

B) On September 23, 2008, the Plaintiff entered the Army and was placed in the Korean War Veterans Association on October 31, 2008.

C) From the day immediately after the Plaintiff was placed on the part of the administrative dissemination officers, the Plaintiff was engaged in tampling of major facilities within the military unit, including setting a tamper according to the direction of the head of the Gu, the materials storage, living rooms, ammunitions, ammunitions, and resting rooms in the military unit, and used auxiliaryly.

D) D, the appointment of which is three months more than the Plaintiff, has a qualification certificate for an entertainment work, and D mainly takes charge of melting work. The Plaintiff was in charge of conducting the above painting work without being opened from the circulation of the basic assignment position, except for important training, such as shock training, harsh training, etc., and it became the Plaintiff’s main duty to perform the above work.

E) The Plaintiff ordinarily carried out work, such as painting, from 06:0 to 16:30. The Plaintiff’s subordinate unit, as the mobilization team, did not have sick power only to the extent of 1/4 of the superior officer group, so the amount of work per capita was much higher than that of the superior officer group. From 06:00 to 19:00, when the amount of work was high, the same was excessive by the volunteer officer.

F) At all times, in order to dilution paint, the Plaintiff was engaged in painting without most protective outfits, and was engaged in air compressors, and the Plaintiff was engaged in the work with joint presses, which is air compressors, and even after being exposed to noses. In performing indoor work, the Plaintiff was engaged in the work at a sealed storage inside the ventilation.

G) In the scenarios purchased and used by the unit to which the Plaintiff belongs, benze, 0.16% of benze (benzene), which is a class 1 climatic substance, and dicromerne (diloxome), which is a class 2 climatic substance, was detected by 4.33% of 4.33% of them.

H) Although there was a statement that there was an increase in the leuk blood cells around May 2009, the Plaintiff continued the above work without any special treatment or diagnosis while serving in the military.

(i) On June 15, 2010, the Plaintiff was diagnosed the instant difference, and was discharged from the military service on August 31, 2010 after a medical examination, as a result of blood examination, after being transmitted to the National Gun Hospital on July 5, 2010, because there was an opinion of increase in the blood plate while being treated as a fladying surgery (franchise infection surgery) by entering the National Redcheon Hospital.

(j) According to the certificate of non-performance and official duty issued on July 5, 2010, the time and place of the occurrence are written as ‘unexplosive disease', ‘brutal brutal brutal brutal brutal brutal brut disease' and ‘explic brutal brutal brutal disease'. However, according to the certificate issued on July 28, 2010, the time and place of the occurrence and the place of the occurrence are written as ‘unexplic brut brut disease', ‘brut brut brut brutal brutal bru

2) The result of the fact-finding on the F Research Institute Head of the First Instance E Hospital.

A) As to bebenents

(1) Physical and chemical characteristics

- Its gender is a representative direction hydrocarbon consisting of 6 carbon and 6 hydrogen, mainly of tin coal and petroleum, and is included in fuels such as gasoline.

- In the upper temperature, there is a body in color or yellow yellow, and there is a unique (competed compact) toward it. Crash is very inflammable and rapid out of the air. The steam is in the nature that it sits on the floor above the air.

(2) Maternity

The Ministry of Employment and Labor classify it as well-known cancer material, and the Ministry of Employment and Labor classify it as 1A, which is sufficient calcium evidence, and in addition, the International Cancer Institute (IARC) classify it as a human calcium substance which is the first class cancer in the International Cancer Institute, in the European Union (EU), as a human calcium substance which is the first class cancer in the National Toxic Program (NTP) in the United States, as a human calcium substance which is the first class cancer in the United States, and in the National Council of Industrial Sanitation Experts in the United States (ACGH) in the United States, it is classified as a human calcium substance which is the first class A in the ACGH in the U.S., as a human calcium substance.

(3) Criteria of exposure

In the Ministry of Employment and Labor, TWA (Tim-Righted-Aeverage, 8 hours exposure) 1 pm, SETL (Standard for Short-Sort-e-Exure Limited, short-time exposure) 5 pm, Hot 107.0134923719 (ACGH) 24E TWA 0.5 pmm, SETL 2.5 pm, U.S. Industrial Safety and Health Office (OSHA), TWA 1 pm, SETL 5 pm, and the U.S. National Industrial Safety and Health Institute (NOSHH) 1 pm, TRA 0.1 pm, SETL 1 pm, and 1 pm pm, respectively.

(4) The meaning that "benenent contains 0.16% of the total content"

- The term "benent content" means the content of benents in the composition of a width. That is, the meaning that benents account for 0.16% in the market width. Pm means 0.16% in the air. Pm means 0.10/100 in the unit that expresses the concentration of benents in the air. Therefore, if benents are used, a separate limited experiment should be conducted in order to assess the level of benent exposure in the air. However, if benent contains more than 0.1% in the product, it defines that the product as bench in the air. In other words, 0.16% in the case of benents must be regarded as cench products.

According to foreign studies (Fedoruk, 2003) 1, it was considered that the concentration in the air was 0.5 pm in the respiratory location of the worker who cleans the parts of the motor vehicle using 0.0058% bench p.

B) As to Dlorichloromerane

(1) Physical and chemical properties

Dlochloromertan is a structure in which two kinds of chlomers are charged with chlomere, chlomere, or chlomere, with chlomere. It is non-combustibilityed and volatile organic liquid. Snlomere similar to chlomere oil, and steam is in the nature of being seated on the floor by putting it over air.

(2) Maternity

In the Ministry of Employment and Labor, the 1AC classifys 1A person of the 1A as a material with sufficient climatic evidence. In addition, the International Cancer Research Institute (ICRC) classifys the climatic quality of human body which is 2B of the climatic cancer in the European Union (EU), the c3th cropic in the climatic body in the NTP of the United States, the cropic in the NTP of the United States, the cropic in the NTP of the United States, the cropic in the U.S., the relationship between the climatic A3 of the climatic cancer was not known, but the ePA in the U.S. Environmental Office (EPA) classifys it as a material with sufficient climatic evidence.

(3) Criteria of exposure

The Ministry of Employment and Labor and the United States Council of Industrial Sanitation Experts are managed with TWA 50pm, and TWA 25pm and short time exposure standards (15 pm) 125 pm are managed by the U.S. Industrial Safety and Health Office.

C) If the Plaintiff’s case contains DNA cromer as well as DNA cromer on a container containing bente as in the case of the Plaintiff, as stated in Article 3 of the “Standards for exposure to Chemicals and Physical Personnel” notified by the Ministry of Employment and Labor, if two or more chemical substances are exposed to one or more chemical substances, the harmful gender may increase due to the commercial action of harmful substances.

D) In the case of gender, the fact that it is an industrially established material that causes a malkyllogic disease, such as leculosis, is an industrially established, and the level of exposure to and the issue of time period for the occurrence of cancer, such as other malkic substances, should be taken into account in accordance with the individual risk. It is unreasonable for most cases to present a quantitative standard in a lump sum without taking into account the individual risk on the human body affected by questioning harmful substances, in most cases.

E) At present, the permissible exposure standards for bents to work sites in Korea are presented as 1 pm, but it is presented to be reduced to 0.5 pm (Council of Experts to Industry in the United States) or 0.1 pm (U.S. National Industrial Safety and Health Institute) in the United States on the basis of a large number of studies related to bents. Accordingly, the current criteria for recognition of bents and bents' occupational accidents in Article 34(3) [Attachment 3] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act should be accepted not as a requirement for recognition of business relevance, but as a shock condition. If it falls short of the current criteria, it is considered necessary to make a separate determination by taking into account all the matters such as personal assumption and intensity.

3) Results of fact-finding on the Head of the F Research Institute of the Party E Hospital.

- In general, benents seem to be exposed to about 10 years after exposure to low-concentration exposure, and in case of high-concentration exposure, it is viewed in the judgment of occupational disease as it comes from exposure to about 3 to 5 years.

- In the case of acute thirropical typosis, it is known to be clear that the causal relationship with the gender is significant, and there is a high possibility of the causal relationship with the acute and chronic typosis. However, there is a research report suggesting the causal relationship with the chronic thropical typosis, but it is known that there is no clear basis.

- It is judged that a large portion of the work content is an work undertaken outside, and there is a possibility that the paint may contain gender, but it is not determined that there is a high exposure to the degree that it would cause chronic thirrosis in light of the characteristics and frequency of the paint work.

- With a lot of relevant studies and the accumulation of the number of chronic chronic leukosiss subject to the study, there are grounds for proving the relevance between benent and chronic leukosiss. In addition, in this study, it was confirmed that there was a statistical relation between bench exposure and chronic leukosiss, which were diagnosed after 1970.

- Although it is difficult to make accurate determination due to the lack of the inspection results at the time of May 2009, it is also possible to increase the exposure period even at the time of infection, such as a minor reduction, etc. In 2010, it is reasonable to determine the exposure period from November 2008 to July 2010, since it was conducted in 2010 on the condition that it would be diagnosed as a chronic dystrophy disease.

- Examining the diagnosis age of chronic leukosiss provided by the National Cancer Institute of the United States of America, the age is 64 years of age at the time of diagnosis. 2.9% for those under the age of 20; 7.5% for those under the age of 20-34; 9.3% for those under the age of 35-44; 14.3% for those under the age of 5-5-64; 17.2% for those under the age of 5-74; 18.3% for those under the age of 18.5% for those under the age of 85-84; and 10.0% for those under the age of 85% for those under the age of 20.

- The Plaintiff was diagnosed as a chronic thirroid disease in 1987 and was diagnosed as a chronic thirroid disease in 23 years of age. In consideration of the natural progress of the disease, it is low the age of occurrence. In the case of chronic thropical typosis diseases caused by the Plaintiff, other factors than natural and historical factors are highly likely to intervene. From November 2008 to July 201, it is determined that the event that the bropical typosis was exposed in the course of turging work conducted from November 200 to July 2010 would have contributed to the occurrence of chronic thropical typosis.

- The characteristics of chronic thirropical leukosis in itself are difficult to assess the cause of the disease due to rare diseases. As the number of diseases has increased after the lapse of time and many researches on related diseases are conducted, it is possible to assess the cause of the disease. Although there has not been a clear judgment on the relevance between gender and chronic lelogal tyropic tyropic tyropic tyropic tyropic tyropic tyropic tyropic tyropic tyropic tyropic tyropic

- In the case of chronic thirropical typhosiss generated by the Plaintiff, it is likely that the exposure to throphers, such as gender, has contributed to the Plaintiff’s chronic thropical typhosiss, in light of the fact that the Plaintiff conducted paint work using the dilution agents containing not less than the standard level (0.16%) and the fact that the relationship between bee and chronic thirropical typosiss has been presented, and that diseases have occurred as soon as possible than the age of occurrence and the external cause was likely to contribute to the occurrence of the disease.

4) Results of entrustment of the examination of medical records to the head of the Yangsansan University Hospital in the first instance.

- Its gender was widely used as an organic solvent, but its use was prohibited after it was confirmed to generate boomic cryp cancer, including bameral disease. At present, it is known that petrochemicals is mixed with non-nets of petrochemicals. It was selected as a class 1 cancer substance as determined by the International Cancer Research Institute (ICR) affiliated with the World Health Organization and the American Council of Industrial Sanitation (ACGH). Korea is 1 pm as the 8-hour work standard, and the US Industrial Sanitation Consultative Council is 0.5 pm.

The results of epidemal research are generally reported to have low connection with benent exposure. However, it cannot be readily concluded that there is no connection with benchosis and chronic cirrosis disease. The relationship between major benchosis and cenchosis is due to a large number of research results on cenchosis and cenchosis, and the relationship between sub-group disease and cenchosis is a state of senchosis. Of course, it is highly reasonable to establish the relationship between acute cenchosis and cenchosis and cenchosis, but it is not reasonable to determine the relationship between cenchosis and cenchosis on the ground that there is no difference between cenchosis and cenchosisal cenchosis and cenchosis.In conclusion, it is reasonable to determine the relationship between cenchosisal cenchosis and cirrosisal cenchosis, which is a chronic cenchosis.

- With regard to the total content ratio of gender 0.16%, pm unit is more important than 1/000, and pm unit is more important than 1/1000, and 1/1000. This is because all of the events contained are not exposed. At present, it is not possible to accurately determine the exposed dose, but it is necessary to pay attention that the ratio of exposure to the whole area is indicated in comparison with the total area. In other words, if the total working area is 100%, it is 0.16%, it is deemed that the pm exposure is considerably low. Moreover, since the total working area is 0%, it is part of the indoor work such as singing after 209 and around July 2010, it is generally difficult to view that the exposure density is very low in outdoor work, and the exposure dose is considerably high in indoor work, and it is difficult to view that the exposure dose is more than 10 years prior to the exposure dose.

- It can be deemed that any person can walk on cancer if he or she is exposed for a sufficient period of time with a little personal difference, but sufficient quantity of materials known as causing cancer. In order to claim that chronic thirrosis was caused by bench exposure due to work, the Plaintiff must find out whether there was a case of chronic thropical tyrosis, who performed the same work or previously performed the same work under the same conditions and performed the same work. Professionally, for example, it is necessary to explain that the case of chronic thropical tyroptyosis occurred even in the space sealed in the shipbuilding yard while carrying out the sealing work for several hundreds.

- There is no research result that there is no known fact that there is a correlation between DNA and benchlomeral disease, and that it can raise the benent cancer of beeute.

- The standard of bench exposure under Article 34(3) [Attachment 3] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act can be lowered according to the results of dynamic studies since industrial medical specialists examined and determined based on the results of dynamic studies, but it is reasonable as a result of the study up to now.

- The influence of the Plaintiff, such as the Plaintiff, is affected by exposure to cancer substances, but the smoking period, etc. is not sufficient, so it is difficult to view that the impact is significant.

- From a professional and environmental perspective, although there is a possibility that bente will contribute to the outbreak of chronic thirrosis, it is difficult to view it as a sufficient exposure to the extent that it causes cancer. Therefore, since the exposure period is low, the possibility of the outbreak of chronic thratory tyrosis by painting work is low, and there is a possibility that the outbreak of chronic thratory tyrosis by painting work will have occurred naturally in the military service period.

- A acute leukosis may cause bene, other organic solvents, radiation, anti-cenction, etc., and chronic lepicosiss may cause radiation, anti-cenction, chrode, chrode, etc.

- The most frequently occurring in bennasty exposure is a acute benchosis.

- In light of the fact that there was a possibility of the outbreak after the exposure to hazardous substances at least 6 to 9 months, the possibility that the Plaintiff occurred after the exposure to hazardous substances would have been sufficiently exposed to hazardous factors.

(v) medical knowledge;

A) The chronic alley leukosis is a disease that occurs from a string of 46 gene 46 genes in the cells of the human body and 9 and 22 chromosomes generated by a tyromatic typhya, resulting from a change in the middle part of the chromosomes, and that is generated by a tyromatic typha, and that does not die therefrom. One set of cells for every 100,000 patients occurs in Korea, and approximately 2-3,00 patients are located in Korea. Such erogens are understood as a bruth cause, and they continue for 3-4 years if they do not treat rherogena.

나 ) 만성 골수성 백혈병의 90 % 정도는 그 원인이 세포핵 속에 있는 유전자 46개 중 9번과 22번 염색체의 중간 부분의 상호 전위라는 것은 밝혀져 있지만, 나머지 10 % 정도는 그 원인이 밝혀져 있지 않고 있다. 그리고 위 염색체의 전위의 원인에 대해서 는 의견이 분분하나, 약 5 % 정도는 방사선 조사(照射)가 그 원인으로 알려져 있다.

C) With respect to the causes of chronic leukosis, gene transformation is reported if it is exposed to bents or Toluene. However, there is a research result that it is difficult to conclude due to the scarcity of chronic leukosis or it is deemed that it is clearly related less than acute leukosis than acute leukosis.

[Basis] Evidence Nos. 1, 8-2, Gap evidence Nos. 6, 9, Eul evidence Nos. 7-1 through 4, Eul evidence Nos. 1, 2, 3, Eul evidence Nos. 4-1, 2-2, testimony and video Nos. 4-2, testimony required for witness rights of the first instance court, the result of the entrustment of the examination of medical records to the head of the Yangsansan University Hospital at the first instance court and the first instance court, the results of inquiries to the head of the E Hospital at the second instance court, and the purport of the whole pleadings, respectively.

C. Determination

1) “A soldier or police officer wounded or disabled while on duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State refers to the soldier or police officer’s injury or disease in the course of education and training or in the course of performing his/her duty. In order to be different from what is prescribed by the above provision due to such difference, there must be a proximate causal relationship between the soldier’s injury or disease in the course of education and training or in his/her duty, and the causal relationship between his/her duty and the injury should be proved by his/her assertion. However, the causal relationship does not necessarily have to be proved clearly in medical and natural science, and it should also be proved if there is a proximate causal relationship between the injury or disease in the course of education and training or in the course of performing duty, and it should be determined based on the average injury or disease’s physical injury or disease’s average condition (see, e.g., Supreme Court Decision 2007Du7660, Jun.

2) Taking into account the following circumstances known by the purport of the above facts and the entire pleadings, it is consistent with the empirical rule to conclude that the Plaintiff’s continuous exposure to the military caused a chronic leuk tymosis by intentionally intentionally or intentionally, or caused a sudden aggravation of the outbreak due to rapid aggravation of the outbreak at least by using thickness with other factors, such as the Plaintiff’s physical constitution, etc., at least one of the following factors.

① On August 30, 2008, immediately before entering the 2007 medical examination, the Plaintiff received a normal determination without any exception, and no opinion was found in blood tests, etc. received at the time of traffic accidents.

② From November 208 to June 2010, the Plaintiff continued to repair ancillary facilities for about one year and eight months from the diagnosis of the instant wounds, and continued to use a tamper for each time. At all times, the Plaintiff always used the tamper, which contains 0.16% benching substance, and DNA 4.3% from the benching substance of Grade 2.

③ It can be deemed that the Plaintiff’s period exposed to be relatively short. However, there were cases where at least 6-9 months have occurred after the exposure of harmful substances. In light of the fact that most of the Plaintiff, without any separate protective equipment, such as Mascke, has engaged in painting work, and that there are many cases where the Plaintiff engaged in painting work in an enclosed space without ventilation tools, and that bench work in a relatively short period of time has been done in the air with strong volatile organic solvents, and that bench can be injected into the skin due to the nature of melting and maintaining bend, and that the Plaintiff’s unit belonging to the Plaintiff was likely to be absorbed into the skin. In light of the fact that the Plaintiff’s disease was mainly caused by the mobilization team up to one-fourth of the upper half of the year and eight months, and thus, the Plaintiff’s work was considerably high during a relatively short period of time during which the Plaintiff performed military service.

④ There is also a high possibility that the hazards of hazardous substances have increased due to the commercial action of commercial buildings due to the combination of at least two chemical substances, as it is also contained in DNA crochloromer as well as be used by the Plaintiff.

⑤ It is known that there is no clear basis for the relationship between the gentral typosis and the gental typosis and the relationship between the gental typosis and the chronic typosis and the gental typosis. However, there is a lot of relevant studies and the accumulation of the number of chronic typosis diseases subject to research, and there is a foundation for proving the relationship between the gental typosis and chronic typosis.

6) In particular, the fact that benents have been established in the academic field in the industry that causes the diseases caused by benching machines, such as benchosis, and thus, it is difficult to exclude such substances from the ability to cause chronic thirrosiss.

7) The epidemal results show that the epidemal typhical results are generally reported to the effect that it is not related to the benent exposure, but that it cannot be readily determined that benching and chronic typhal typhosiss are not related to the cenching of gender, and that it is reasonable to view that benching toxicity is related to all of the cenching typhal typhal typhals since the overall toxicity of benching during the process of cell differentiation at the cenching system.

8) The chronic alley typhoid disease is a rare disease in the young age. The head of the G Hospital’s F Research Institute presents a medical opinion that the exposure to the climatic cancer, such as sand, can contribute to the Plaintiff’s chronic typhosisal disease, taking into account the fact that the Plaintiff’s occurrence of the disease is likely to have contributed to the external cause of the disease, taking into account the fact that the Plaintiff’s exposure to the cliphal disease, such as sand, would have contributed to the Plaintiff’s chronic typhal disease in light of the fact-finding response to the fact-finding inquiry.

9) There is no evidence suggesting that the Plaintiff’s chronic leukosis was caused by any other cause other than the cause that the Plaintiff was exposed to benent, etc. while performing military duties.

3) Therefore, the instant disposition was unlawful on the premise that there was a proximate causal relation between the instant wound and the Plaintiff’s performance of official duties.

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.