2013Guhap516 Revocation of a decision which is not a person of distinguished service to the State.

A

Head of Ulsan National Veterans Organization

September 25, 2014

October 23, 2014

1. The plaintiff's claim is dismissed.

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

The decision that the Defendant rendered to the Plaintiff on December 31, 2012 as non-conforming to the requirements of a person who rendered distinguished services to the State shall be revoked.

1. Details of the disposition;

A. On January 26, 2010, the Plaintiff entered the Army, and was discharged from active service on November 15, 201.

B. On June 25, 2012, the Plaintiff filed an application for registration of persons of distinguished service to the State with the Defendant, asserting that “Around April 2010, during military service and around September 2010, during the performance of his/her duties, fell within each right-hand and left-hand side of the accident, which happens beyond a plucker and plucking (hereinafter “the instant difference”).”

C. Accordingly, on December 31, 2012, the Defendant rendered a disposition rejecting the registration of persons who rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant wounds and the performance of military duties.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 7 evidence, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff entered the Plaintiff’s body with a healthy condition, and the Plaintiff continued to undergo training and work without undergoing prompt treatment after having suffered from the instant wound on the wind of both sides during the military service. Furthermore, the Plaintiff suffers from the pains and pains of the Bridges even after discharge due to the fault and negligence by the military operation of the Armed Forces Hospital. Ultimately, the instant wound is deemed to constitute “the disease before being amended by Act No. 11690, Mar. 23, 2013” 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. 11690, Mar. 23, 2013; hereinafter the same) and thus, the instant disposition is unlawful.

B. Relevant statutes

Attached Form 3 is as listed in the "relevant Acts and subordinate statutes".

C. Facts of recognition

1) Details of the Plaintiff’s military service

A) On January 26, 2010, the Plaintiff was discharged from military service on November 15, 201, when the Plaintiff entered the Army and was assigned to B B. The Plaintiff had been discharged from military service on November 15, 201.

B) On April 2010, the Plaintiff completed night patrol and went back to the night patrol, and then plucked up the right plucked up, and got the training around September 2010.

(ii) a statement of opinion of the private hospital (C hospital);

A) July 23, 2010

- Diagnosis : Sponsor; - Theropical marropical marropicals on the right side; marropicals on the outer side; and bropicals

- On July 23, 2010, the radiation and precision testing is being conducted, injection and preservation treatment, and the need for stability and medical treatment and future observation for five weeks in the future.

B) February 8, 2013

- Diagnosis : damage to the aggregate from the outer side of the body after the math of the math, and the deformation of the math of the maths

-at present, the surgery of the external side breath of the brusium was conducted. After the brusium damage to the external side brusium is likely to deteriorate the symptoms, and require surgery, physical therapy and rehabilitation, and it is necessary to observe the progress, and re-evaluation is required for the brusium and the unexplication of the brus.

3) The Plaintiff was hospitalized at the Armed Forces Hospital during the military service from October 18, 201 to April 19, 201, and from August 25, 201 to October 20, 2011, and was hospitalized at the Armed Forces Nursing Hospital due to the instant wound. The main contents of the sick area are as follows.

A) The right-hand part

(1) Certificate of a soldier on duty

- Sicks: chronic instabilitys

- Classification of Majors: Injury

-The cause and circumstances of the outbreak: Around April 2010, put into the GPOP and complete night boundary duties;

During their return, the right trees are connected to the right trees, which are conducted several times at the Armed Forces Yangyang-si Hospital. The chronic satisfaction is diagnosed to be unstable, and the transmission decision is made to the Armed Forces Yangyang-si Hospital.

(2) Medical records for outpatients

- As of August 9, 2010: (A) the diagnosis of dynamics whose detailed identification is unknown, X-ray photographing.

- As of August 19, 2010: the prescription of typhos, lakes, marshes, and auxiliary devices

- With respect to September 10, 2010, there is no roadway. The need for operation and the need for operation at an outside hospital.

- As of September 20, 2010: (A) the diagnosis of dynamics whose detailed identification is unknown, X-ray photographing;

- On October 4, 2010: X-ray photographs, and operation on the part of the origin due to the unstable external side of shot trees.

(3) The medical certificate of October 8, 2010: chronic instabilitys

(4) Nursing records;

- Of 10, 19th 2010: Tropic typhrosiss (3/10 at the time of NRS stabilization, 7/10 at deepening, 7/10 at the time of deepening, brugs)

- - On October 22, 2010: X-ray (Video reading), MIM shooting

- With respect to 26 October 2010, there is no roadway. He shall do so (NRS 6/10, 10)

- With respect to October 27, 2010: the implementation of a personal scarfy on the side outside the right scarfy, and the completion of telegraphic scarfy

(B) the diagnosis of chronic instability of the right satisfaction with each other;

- Dated February 11, 2011: MIM photographs

B) The left-hand part

(1) Medical records for outpatients

- As of May 13, 201: Radrative alkination. General Earment due to earment

I think it is necessary to do operation when the symptoms continue.

(2) A medical certificate from August 24, 201: A detailed emulsion;

(3) Nursing records;

- - On October 22, 2010: X-ray photographing

- As of January 20, 2011: MRI shooting (report on video medical science: unaggravated opinion)

- At the end of August 25, 2011: At the end of the training on September 2010, 201, a pain is created while mating the left-hand trees;

b. On January 19, 201, after the RoI test conducted on January 19, 201, the surgery was recommended as a result of the RoI’s unstable opinion, but the surgery was conducted on the right to the right, and thus, the surgery was not performed. Since then, the surgery continued to be performed while continuing the outpatient treatment, it is hospitalized for the purpose of the surgery

- From August 26, 2011, from September 2, 2011, from September 9, 2011, from September 9, 2011, from September 15, 201, from September 201, from September 22, 201, and from September 29, 2011: The amount of fine for negligence, but is unreasonable to walk, or to walk, from September 26, 201.

(4)Taking records.

- As of September 8, 2011: An area planned to be re-dried as of September 8, 201;

- On October 4, 2011: Hinging frequently even though walking in a flat, there is apprehensions about once a day. On the other hand, after a plucking, the symptoms aggravation after a plucking, and refacing.

- On October 5, 2011: Human re-verification on the outside side of the left-hand satisfaction, the implementation of thropical treatment, and the examination of chronic instability on the left-hand satisfaction;

(iv) medical opinions

A) Results of commissioning the examination of medical records to the Japanese University Busan White Hospital

○ With respect to MRI on July 23, 2010

- The body part of the tropolym fever, the body part of the body part of the tropolym fever, the body part of the body part of the tropolym fever, the body part of the tropolym fever and the body part of the body

- Without special inconvenience, there are cases of daily life and there are pains;

The results of X-ray and MIM testing alone can not be known.

- In ordinary cases, the term “non-alleys” means that there had been damage to the sector of the alleys before it is laid down.

This is due to the occurrence of a large number of people and the treatment of this part. The existence of a large number of people means the unstable quality of people, which has been frequently damaged. In the case of the Plaintiff, it is thought that there had been a large number of people on the outside side due to damage, and that there had been a large number of people on the outside side due to damage.

-Operations may be performed if the patient seems to be in danger and unstable enough to lead a daily life;

However, in ordinary cases, it is necessary to conduct preservation medical treatment for three to six months, and it is necessary to conduct operation if there is no mitigation of symptoms even after it, and appeal the same as a continuing manual.

○ On September 20, 2010, the results of the x-ray and sub-examination on September 20, 201 verified non-alleys.

○ 2010, 10 22 October 22, 199

- In the same parts as the previous parts, non-abstiny is confirmed. The difference between RoI on July 23, 2010 and RoI on July 2010

this title.

- The film board alone can not verify whether the symptoms have deteriorated, improved, or improved. There is no particular difference from the previous ones.

○ With respect to MDR on February 11, 201

- - In a state where the balone is removed and the balone is carried out.

○ 2013, 2.8. MIM-related

- There is no special opinion, in addition to the observation of some damage to the outer side of the pelpelle after the pelle.

The external reflection of the brush is not confirmed. The operation will not cause any damage to the aggregate due to the surgery. It seems that the brush damage caused by the brush, or that it was only part of the MRI, and the symptoms will not be serious. It can be said that the brush and walking inconvenience may be given and some obstacles may be interfered with daily life.

B) Results of commissioning the examination of medical records at the East Asia University Hospital

○ With respect to MRI on July 23, 2010

- There is a pelvis, pelvis, and pelvis.

- Non-alleys shall consist of a dykes of non-alleys derived from the end of non-alleys;

In this sense, there may be no symptoms in Pyeongtaek, but if the combination is damaged by external force, the combined parts damaged by the movement of satisfaction can scarcitys and may cause pains. Meanwhile, there may be pains depending on the movements of satisfaction, i.e., symptoms similar to the overfluent and non-fluences, which are caused by the overfluence.

- Non-alleys themselves shall be damaged by congenitals or by the combination of non-alleys as seen earlier.

If it is not the aggregate, it is possible to cause pains in the exercise of satisfaction. It does not necessarily cause interference with daily life, on the ground that there is a pelke.

○ With respect to RoI on February 8, 2013

- In general, transformation of outer reflects, etc. generally sees a simple radiation photograph attached to the body.

No accuracy and MI alone can be easily known. However, unlike the previous MI in the above MI, a small number of external teams are observed, which seems to be by an excessive tension in the event of external re-building.

- can only be done by clinical physical examination whether there is a threat to daily life;

and MRI alone is difficult to determine. There may be pains when walking, but generally it is possible to defend through treatment.

It is not visible to damage external frameworks after ○ Gashes.

(c)the Board of Patriots and Veterans Entitlement

○ Sheet part

- Opinions of unaffortunates of X-ray on July 23, 2010, small alleys, and internal satisfaction;

- Opinions of the RoI on July 23, 2010 on the chronic wave of the former r.e., the former r.s.

- With respect to the progress of the MRI on October 22, 2010, the opinion on the aggregate by the composition of the truth and the frame of the MRI on March 22, 201

○ left-hand part

- Opinions on the aggregate of the X-ray of October 22, 2010

- On January 20, 2011, MRI’s transfer margin, e.g. chronic damage (no acute le.s.)

5) Plaintiff’s health condition and past medical history

The plaintiff was judged at first grade on the physical examination before entrance, and there was no record of medical treatment related to the injury of this case prior to the occurrence of the accident of this case, and there was no other special history.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3, 5-9 (including the number of branch offices), Eul evidence Nos. 1, 3, 4, and 5, and each of the results of the examination of medical records entrusted to the Insatisf University Busan Hospital of this Court and the East Asian University Hospital, the purport of the entire pleadings as a whole.

D. Determination

1) The term “an injury or disease during education and training or in the performance of duties (including diseases in official duties)” under Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State refers to the injury or disease of military personnel or police officials in the course of education and training or in the performance of duties. Therefore, in order to be different from the above provision, there is a proximate causal relation between education and training or in the performance of duties and the injury or disease, and the causal relation between the performance of duties, etc. and the injury should be proved by the party asserting it (see, e.g., Supreme Court Decision 2003Du

2) In the instant case, the following circumstances are revealed by comprehensively taking account of all the evidence and arguments as seen earlier, i.e., the Plaintiff’s act of treating the disease of this case, i.e., the disease of this case, which was taken immediately after the disease of this case, and according to the results of X-ray and MRI inspection on Oct. 22, 2010, there is a clear medical opinion that the existence of non-fluoral fluoralsium is confirmed at both sides of the Plaintiff’s treatment, and ii) non-fluoral fluoral fluoral fluoral disease of this case is difficult to recognize that the disease of this case was naturally aggravated due to the disease of this case. However, it is difficult to view that there was a lack of medical opinion that the disease of this case fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluent, etc., and that it was likely to occur.

3) Therefore, the Plaintiff’s claim is without merit.

3. Conclusion

The plaintiff's claim is dismissed. It is so decided as per Disposition.

Judges Kim Jong-dae

Judges Kim Jong-jin

Judges Park Young-young

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.