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(영문) 대전고등법원 2020.05.08 2019누10557
보훈보상대상자 요건 비해당 결청 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the disposition are as follows: (a) the pertinent part of the reasons for the first instance judgment (from 3 to 19 acts) is the same as that of the pertinent part of the reasons for the second instance judgment (from 2 to 3 acts of the second instance judgment). Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion entered the Plaintiff’s force in a healthy state with no problem, and the instant difference occurred due to noise of shooting training and shooting training after the placement of the Plaintiff during the basic military training.

Even if there was a somewhat few problems before the Plaintiff entered, the Plaintiff entered the military service in a state where normal military service was possible, and the noise from the above training led to a sudden aggravation of the hearing ability due to the noise of the training above, thereby getting worse.

Therefore, since there is a proximate causal relationship between the Plaintiff’s performance of duty and the instant difference, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. To recognize a person eligible for veteran’s compensation as a “disaster injury-related police officer” as prescribed by Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation, there should be a proximate causal relationship between the performance of duties or education

The causal relationship is proved by the assertion of it, but it is not necessarily necessary to prove the medical or natural science clearly, and considering all the circumstances, it should be viewed that there is proof even if there is a proximate causal relationship between education and training, performance of duties and the injury and disease.

In addition, the basic disease that can work normally at ordinary times is caused by the excessive performance of duties or training and the rapid aggravation of the existing disease is caused.

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