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(영문) 대전지방법원 2017.07.13 2015구단1033
국가유공자등요건비해당결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 20, 1975, the Plaintiff entered the Army and was discharged from military service on February 29, 1976, and on April 2, 2015, the Plaintiff occurred during the military service, and filed an application for registration with the Defendant for distinguished service to the State.

B. On August 21, 2015, the Defendant rendered a decision on the person who rendered distinguished services to the State and the person eligible for veteran’s compensation on the ground that it cannot find the proximate causal relationship between the instant wounds and the Plaintiff’s performance of military duties or training (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that during the course of receiving the education for a new illness in the 32th Sal Disease Education Team in the Army, the plaintiff suffered serious violence on the part of the head from the training team for the 32th Sal Disease, resulting in suffering from brain damage and was urgently transmitted as a result of his duty, and continued to receive the same symptoms over 3-4 times during the training period. The difference in this case is deemed to have occurred, or have deteriorated, due to the group of the appointed soldiers during the plaintiff's military service, and as such, the disposition of this case should be revoked as unlawful.

B. The term "an injury during education and training (including a disease)" referred to in Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State refers to the injury or disease that a soldier or a police fire officer sustained in the course of performing his/her duties or performing his/her duties. Thus, in order to be different from the above provision, there should be a proximate causal relationship between the education and training or performing his/her duties and the injury or disease, and the existence of such proximate causal relationship should be proved by the party asserting it (see, e.g., Supreme Court Decision 2003Du5617, Sept. 23, 200

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