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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 December 5, 1992, the Plaintiff was discharged from the military service on March 31, 2015, and was diagnosed as a pact disc as a result of the MRI shooting conducted at the National Armed Forces Daegu Hospital on November 2010. Since then on December 2013, the Plaintiff was diagnosed as a pact disc No. 5-6. On March 2015, 2015, the Plaintiff was hospitalized in the National Armed Forces Daegu Hospital for the Armed Forces and was diagnosed as a pactactact No. 5-6. On May 7, 2015, the Plaintiff applied for registration of a person of distinguished service to the State on the ground that the disc was additionally discharged from the military service and became difficult to lead to continuous treatment and health problems after being discharged from the military service.
B. On October 20, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that “Plag escape certificate C4-5-6, conical signboard escape certificate L4-5, and type 2 urology” (hereinafter “the first injury and disease in this case, the second injury and disease in this case, and the third injury and disease in this case”), which were the injury and disease as requested by the Plaintiff, were dissatisfyed, and that there was no causal relation with the performance of official duties, and that there was no causal relation with the performance of official duties.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal
2. Whether the disposition is lawful;
A. Since the physical health of the Plaintiff’s assertion that the injury or disease of this case was aggravated due to the outbreak or nature of each of the injury or disease of this case in the course of carrying out the railway line GOP boundary patrol duty and the vehicle maintenance duty, each of the injury or disease of this case is related to official duties.
B. (1) The determination requires a proximate causal relationship between the performance of duties or education and training to constitute “a wound in the course of performing duties or education and training” under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2 Subparag. 2 of the Act on Support for Persons Eligible for Veteran’s Compensation. In order to constitute “a wound in the course of performing duties or education and training,” and the burden of proof
(2) Each of the instant wounded soldiers is performing his/her duties or duties. (3) Each of the instant wounded soldiers is deemed to have been performing his/her duties.