2011Gudan2434 Revocation of Disposition Rejecting Persons of Distinguished Service to State

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Chang-si

Public-service advocates Park 00

The Commissioner of the Korean War Veterans Office

Litigation Performers 000

May 25, 2012

June 22, 2012

1. The Defendant’s decision on June 15, 2010 that rendered against the Plaintiff constitutes a person of distinguished service to the State shall be revoked. 2. Costs of lawsuit are borne by the Defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On March 29, 1965, the Plaintiff was discharged from military service on November 30, 1972 while serving as Staff sergeant by entering the Navy.

B. On March 26, 2010, the Plaintiff asserted that on January 19, 1967, while performing his duties at the Gun, the Plaintiff was deprived of the crupted and sunken (hereinafter referred to as “crupted incident”), 39 persons at the time of the sinking of the vessel, the Plaintiff lost 39 persons prior to the sinking of the vessel, and the surviving Plaintiff was faced with severe pain, after attending the 40th order system including the party in 2007, the Plaintiff was suffering from severe stress (hereinafter referred to as “the instant wound”). The Plaintiff applied for the registration of a person of distinguished services to the State.

C. On June 15, 2010, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on the non-applicable condition of persons who rendered distinguished services to the State (hereinafter “the instant disposition”) on the ground that the difference in the instant case is not relevant to combat at the time of the sinking, including the party involved.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, Eul evidence 7-1, Eul evidence 7-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff had a big mental shock due to the sinking of the disaster including the party, but at the time, the mental illness such as the wound of this case was not recognized as the subject of treatment, and there was no objective data such as the beds, etc., since it was impossible to receive proper treatment. After the sinking of the disaster including the party, the plaintiff applied for the land service after the sinking, but did not accept it and continued to suffer mental pain on several occasions before discharge. On April 2007, the symptoms caused by the wound of this case were aggravated after visiting the accident site in order to attend the memorial system for the victims of the sinking including the patrol police officer, and then visiting the accident site for 40 years. Therefore, even if the relationship between the wound of this case and the sinking of this case was sufficiently recognized, the disposition of this case by the defendant was unlawful on different premise.

(b) Fact of recognition;

1) On March 29, 1965, the Plaintiff entered the Navy and moved to the Staffhouse on December 1, 1966. 2) The Plaintiff was on board from June 20, 1966, and was on duty at the time of the sinking of a party including the party, and 39 of the passengers on board the said sunken case, died, and 40 of the Plaintiff, including the Plaintiff.

3) The Plaintiff had been hospitalized in the Marine Hospital in the Yellow Sea that had been suffering from the sinking of a party, and had a place of work without properly serving on the two sides, etc. The Plaintiff was discharged from military service on November 30, 1972. 4) The Plaintiff stated that there were two symptoms since several years ago, according to the progress records of June 25, 1970 of the beds.

5) The Plaintiff became aware of the fact that the commemorative events of the sinking case including the party are open each year, and the Plaintiff attended the memorial system on January 19, 2007 at the time and met the survivors and their bereaved families at the time, and the symptoms of the instant wounds accompanied by two copies were deepened.

6) According to the certificate of facts pertaining to the requirements for persons who have rendered distinguished services to the State issued by the Navy Chief of Staff on April 16, 2010, the plaintiff's rank is stated as follows: 'Haari'; 'Haari' as of March 29, 1965; 'Haari' as of January 19, 1967; 'Haari' as of the date of wound; 'the date of wound' as of Jan. 19, 1967; 'the cause of wound' as of the wound; 'the cause of wound' as of the wound, 'the acute chronological chronological chronological chronism'; 'the fact of wound' as of the attack of North Korea in 1967; 'the cause of wound' as of the accident: The period of hospitalization and the name of the hospital, 'the disease' as of June 19, 197; 'the disease' as of the wound.

7) Medical records of the Plaintiff’s private hospital

A) Medical record paper of the Dogneology department (from April 222, 2009 to June 29, 2009)

- Initial on April 22, 2009

- In the East Sea of January 19, 1967, the medical records (from June 29, 2009 to March 10, 2010) of the Dong National University and its racing hospital (from March 10, 2009 to April 19: from the East Sea of January 19, 1967, the birth situation at the time of military life as one of the 40 survivors was not disappeared.

(2) Medical record area

- The main lake and marsh: The history of the same kind of disease as the questionnaire content: The fingeral spirit department is treated for the last two months, but no effect is available; the head of the school, university, racing hospital on March 10, 2010.

- Sick (Clinical Presumption): He/she will be in the future treatment opinion on the stress disorder: He/she will be in the way of the death of the pre-patients in the military life and to continuously appeal to symptoms, such as depression, depression, depression, and two pains, and continue to provide outpatient treatment from June 29, 2009 to the spirit of the original state.

D) Medical certificate of Mar. 18, 2010, issued on Mar. 18, 2010

- Sick (Clinical presumption): On April 22, 2009, the next medical treatment opinion: from April 22, 2009 to June 29, 2009, the person who had received three out-of-the-spot medical treatment from the main source from April 22, 2009 to June 29, 2009, is considered to require continuous medical treatment.

E) On September 10, 2010, a medical certificate of diagnosis issued on September 10, 2010 by the Dong National University, University, Racing Hospital (presumed clinical presumption): A patient who is under the above diagnosis and is being treated after June 29, 2009 from the main spirit of the hospital and is in need of re-evaluation after treatment for at least six months in the future.

8) Results of the commission of appraisal by the Director of the Native University of this Court and the results of the request for supplementation by the Director.

- The plaintiff's mental state shows the avoidance of repeated events after the sinking of the party, the reduction of participation in important activities, the restriction of emotional expression (e.g., avoidance and general response), the restriction on surface disorder and self-harm, and the increased e.g., the DoSSM-IV (1994), which are the U.S. Mental Medical Council Diagnosis Manual, is considered to be a 'ex post facto stress disorder' after the accident on January 19, 1967. - The plaintiff seems to be a new one after the accident - The two copies appearing together with the repetitions of the case, the two copies appearing in the same situation as the case, the avoidance of the water surface disorder and/or ties, the reduction of desire to commit the crime, the decrease in the desire to commit the crime, and the e.g., depression.

- According to the patient's subjective report that shows a serious degree of 76 points from PTSM Meckist-civian vercil (PCLC), which is a self-report-type or subjective examination of stress disorder, it is difficult to make accurate determination as to the fact that the injury or disease occurred before 40 years since the sinking of a political party including a political party, since there is no objective data including medical records, there is no objective data, and there is no accurate determination as to the fact that the injury or disease occurred before 40 years.

- In accordance with the report, it is difficult to determine the present state and the time when the injury or disease first occurred without previous records because the injury or stress disorder can occur within one week after the external experience of the accident, the aggravation of symptoms can be caused by stress, and the aggravation of symptoms and shock may occur during the period of the disease, and it is difficult to determine the present state and the time when the injury or disease first occurred without previous records. However, if the plaintiff's statement was made on January 19, 1967, the time of the first occurrence shall be presumed to have occurred after the accident.

- It is difficult to find out evidence that there was a king certificate prior to the accident on January 19, 1967, and, after the occurrence of the case, the sinking case can be seen as a cause of the instant wound, which was launched after the above symptoms were put into existence.

After the sinking of the party content, the plaintiff suffered two copies, and the physical symptoms, including the two times, are not included in the essential symptoms to diagnose the stress disorder, but there are many cases where the two symptoms are accompanied by severe other physical pain in several thesiss and textbooks, and it is recognized as one of the incidental symptoms.

- In the case of the Plaintiff, it is deemed that there is no obvious cause to cause two copies, and the two copies have occurred after the case, and that there is a aggravation of experience, which is the symptoms of stress disorder.

- It is difficult to find out significant risk factors related to the occurrence of the instant injury to the Plaintiff

- In general, post-accident disorder is generally caused within six (6) months after the accident, and where it is adaptation to or out of stressed situations, the disease can be improved or improved, but exceptionally, the symptoms may be aggravated due to the occurrence of 30 (30) years after the external experience in the accident and the re-experiences the situation similar to the past's extreme stress.

The plaintiff was unable to receive a professional mental therapy at the time of the sinking, but it is evaluated that such symptoms have been gradually affected by the stress disorder at the time, and as such, it is difficult to see that the plaintiff intentionally expressed or complained of the characteristics of the wound in the event that the surviving families of the war dead at the time of the sinking of the sinking case, including the party of January 19, 2007, where it is judged that the symptoms of stress disorder are aggravated again due to the death of the war dead's surviving families at the time of the sinking of the sinking case including the party of January 19, 207.

- From April 22, 2009, 'mix uneasy-type uneasy-mix disorder' and 'Simple stress disorder' diagnosed at the East National University race Hospital from October 13, 2009, are presumed to have a possibility of having a connection with this case's stress disorder. However, it is necessary for the medical record at that time to re-examine the Plaintiff, etc. It is difficult to distinguish 'mix-type uneasy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-easy-gymosis disorder.

- In light of Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, the Plaintiff’s above-mentioned stress disorder is a serious reaction caused by an accident that can be said to be an trauma or mental trauma, and can be treated with a mental and medical necessity. Thus, it does not constitute a disability rating except for disability rating, etc.

[Ground of recognition] Evidence Nos. 3-1, 2, Evidence Nos. 4, Evidence Nos. 2 through 4, Evidence Nos. 5-2, Evidence Nos. 6-1, and 6-2, and the result of the court’s entrustment of appraisal to the Director of the Gyeyang-Name University Hospital, and the purport of the whole pleadings

C. Determination

1) "Education and training or wounded in the course of performing their duties (including diseases in official duties)" 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 means soldiers or police officers.

It means that a public official is injured or ill in the course of education and training or performance of duty. Therefore, in order to become different from the above provision, there is a proximate causal relation between education and training or performance of duty and its injury or disease, and the causal relation between the performance of duty and the injury or disease should be proved by the party asserting it. Such causal relation is not necessarily required to be proved in medical or natural science, but it should be proved if it can be presumed that there is a proximate causal relation between education and training or performance of duty and the injury or disease in consideration of various circumstances. In this case, the existence of such causal relation shall be determined based on the health and physical conditions of the relevant individual rather than the average person (see, e.g., Supreme Court Decisions 2006Du15486, May 29, 2008; 2006Du15479, Jan. 11, 2007). This is the same as in the case of a person who has rendered distinguished service to the State.

2) In full view of the following circumstances acknowledged by the health team, the above-mentioned facts, and the purport of the entire pleadings with respect to the instant case, it is reasonable to deem that the instant wound was caused by extreme stress in combat in the sinking case, including the instant wound.

① At the time of the sinking of a party, the Plaintiff directly experienced the death of a person who was killed in combat action, and immediately following the sinking, sent two symptoms that may be accompanied by the instant wound, and the Plaintiff was treated as a “patch acute chronological chronological chronological chronologicality in the military,” and the Plaintiff’s appeal to the military officer on June 25, 1970, is clearly revealed in the records of the progress of the beds.

② At the time, the symptoms of the instant wound are gradually weakened, and the Plaintiff, as such, attended the sinking 40 cycle system, including the party in 2007, and met the survivors and their bereaved families at the time, resulting in deepening the symptoms of the instant wound accompanied by two times.

③ The injury in the instant case may occur when he/she experienced the same situation as the death of the same, such as witnessing the death of the same body during the war, and may occur 30 years after the credit experience in the accident, and may re-influence of symptoms due to the fact that he/she had experienced the situation similar to the past extreme stress.

④ In the case of the Plaintiff, it appears that the symptoms of the instant wound have re-exploited by attending the sinking 40-year old age system, including the party in 2007, re-exploited the situation at the time of the sinking including the party.

⑤ According to the results of the appraisal commission and the results of the appraisal commission for the head of the Gyeyang University, a medical specialist of the above hospital, in relation to the instant wounds, the Plaintiff’s mental condition shows that it falls under the “ex post facto stress disorder” in the state where the Plaintiff appears to be avoided from the accident after the sinking of the relevant accident, to avoid repeated briefings (experience), to decrease participation in important activities, to restrict emotional expression (e.g., avoidance and general reaction), to restrict emotional distress (e., to avoid or general reaction), and to dives against the dives of the surface disorder and to the dives of the dives of Jan. 19, 1967, the sinking case can be deemed as the cause of the instant difference, and the degree of the Plaintiff’s mental condition is so serious that it is difficult for the Plaintiff to intentionally state or appeal the characteristics of the instant wounds.

3) Therefore, the Defendant’s disposition of this case, which concluded that the Plaintiff did not constitute a person of distinguished service to the State on the ground that there is no proximate causal relation between the Plaintiff’s instant wound and the sinking of a party including the instant

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

Judges Roster.