2013Gudan607 Disposition on the grounds that a person has rendered distinguished services to the State is disqualified.

A

The head of Gwangju Regional Veterans Administration

2014, 4.10

June 26, 2014

1. The plaintiff's claim is dismissed.

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

The defendant's decision on April 8, 2013 that constitutes the requirement of persons who rendered distinguished services to the State shall be revoked.

1. Details of the disposition;

A. In the physical examination conducted by the National Armed Forces integrated Hospital on May 1971, the Plaintiff was judged as Gap, with blood pressure of 140/90, 1.2, and friendly 1.2 on Nov. 29, 1972, and was diagnosed as normal opinions in the physical examination conducted on Nov. 29, 1972 immediately before entering the hospital, and completed the training conducted on Dec. 30, 1972, the Plaintiff was admitted to the Seosan Training Center on Dec. 30, 1973, and was assigned as 123 to 10/100, and was assigned as 102 fested on Jan. 7, 1974, while serving as the first-class driver, the Plaintiff was discharged from the National Armed Forces Hospital on Feb. 14, 1974, and was hospitalized as 19/700, and was hospitalized as 19/7000, 2500 chromotogram symptoms.

B. On April 4, 201, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the Defendant on the ground that “high blood pressure and the left eye fall under the category of persons who have rendered distinguished services to the State” in the process of checking and maintaining the vehicle in the state where he/she was placed at the time when he/she was placed with a view to heating the vehicles every day while on duty as a driver of the vehicle, and in the process of checking and maintaining the vehicle, he/she has been exposed to toxic gases for a long time and accumulated to him/her in terms of blood pressure and vision, and applied for registration of persons who have rendered distinguished services to the State on the ground that “the blood pressure and the left eye fall under the category of persons who have rendered distinguished services to the State”. However, on September 29, 2011, the Defendant appealed the Plaintiff’s medical treatment of high blood pressure on the ground that he/she was requested to the Plaintiff on July 18, 1974, and it was confirmed that it fell under the category of persons who have rendered distinguished services to the State.

C. The Plaintiff again submitted to the Defendant with additional data on the developments leading up to the occurrence of persons eligible for veteran's compensation, their military service records, and welfare cards, and applied for the registration of persons eligible for veteran's compensation to the Defendant on August 31, 2012, but the Defendant, on April 8, 2013, recognized that persons eligible for veteran's compensation were not subject to any change in the status of persons of distinguished service in accordance with the provision of the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State or the National Armed Forces Hospital (hereinafter referred to as "the injury of this case"), and that there was no specific change in the status of persons of distinguished service to the State or any change in the status of persons of distinguished service to the State without any mental pressure or mental pressure other than the Plaintiff's statement, and that there was no change in the status of persons of distinguished service to the State or any change in the status of persons of distinguished service in accordance with the provision of the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In order for the plaintiff to operate the first unit of the front line, the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line.

또한 1개 분대는 7명의 병사로 구성되어 있고 이들 7명의 병사가 교대하여 보초를 서고 통신대기를 하여야 하는데 당시 전역 등으로 병사 수가 부족함에도 즉시 충원되지 아니한데다 그나마 휴가를 가거나 사고로 결원이 생기는 등으로 분대원의 수는 상시 4~5명이 전부여서 부족한 인원으로 근무를 하다 보니 경계근무에서 열외되는 분대장을 제외한 4명이서 12시간씩 2교대근무를 해야 했고 그에 따라 각자의 근무시간이 하루 평균 4시간씩 늘어나 과로가 쌓이게 되었으며 운전병은 원고 혼자이어서 원고와는 교대해 줄 병사도 없는데다 거의 1주일 간격으로 비상훈련까지 실시함으로써 원고로서는 상시 피로감과 극심한 스트레스 속에서 힘든 군생활을 보내야 했다. 원고가 운전하던 장갑차는 6.25 전쟁 당시 사용됐던 노후된 장갑차로서 시동을 걸면 유독가스를 품은 매연이 나와 벙커 안이 매연으로 가득했고 시동을 끄는 과정에서 호흡기를 통해 유독가스를 흡입하는 경우가 많았다. 원고가 군에 입대할 때만 해도 시력 및 혈압이 현역군인으로서 복무하기에 아무런 문제가 없었으나 원고가 자대에 배치된 1973. 1.말경부터 약 12개월 동안 하루에 약 4시간씩 추가적인 경계근무를 서는 외에도 최소한 1주일 간격의 비상훈련을 실시하였는데 야간비상 훈련 시에는 낮과 밤이 바뀌는 상황으로 근무해야 했으며 장갑차의 운전병으로서 매일 아침 장갑차의 시운전을 해야 했고 그 과정에서 배기통에서 뿜어져 나오는 유독가스를 자주 흡입해 왔는가하면 매일 1시간여에 걸쳐 장갑차 포를 수입(청소)해 온 점, 원고 관련 병상일지를 보더라도 원고의 1971. 5. 7. 신체검사 당시 혈압은 140/90으로서 낮은 수준의 고혈압이 발견되고 있긴 하나 시력은 좌, 우안 모두 1.2로서 지극히 양호한 상태였는데 1972. 12. 2. 입대한 후 13개월여가 지난 1974. 1. 7. 국군수도통합병원에서 검사한 결과 좌안 0.3, 우안 1.2로 좌안 시력이 크게 감소되었음을 알 수 있고 1974. 2. 28.자 진료기록에 의하면 7개월 전부터 시력 감소를 보인 것으로 기록되어 있고 1974. 2. 28. 안저검사 결과 정상으로 나왔는데 이후 1974. 3. 22. 눈부심 증상을 보이더니 1974. 7. 18. 검사에서는 좌안망막염 중심성, 황반부 변성의 증상으로 진행되다가 마침내 1974. 8. 6.자에 망막박리까지 진행됨으로써 1974. 11. 22. 시력회복 불가능의 진단 하에 보상전역 상신한 것에 비추어 볼 때 이러한 일련의 과정이 군복무 시 악화 진행되었던 점 등을 종합하여 보면, 원고의 본태성 고혈압 및 좌안 망막염 중심성, 황반부 변성에 이은 좌안 망막박리 증상은 누적된 피로 및 과도한 업무상 스트레스로 인하여 발생하였고 이로 인하여 좌안 시력이 상실된데다 그 회복불가능의 진단 하에 결국 보상전역 대상자로 분류되어 보상전역상신 절차를 거쳐 전역하기에 이른 것임을 알 수 있다.

Therefore, since the causal relationship with military performance of official duties is sufficiently recognized as a result of poor military life, such as accumulated overwork, stress, frequent intake of poisonous gases, etc. caused by the Plaintiff’s loss of opportunece, it should be registered as a person of distinguished service to the State in accordance with the Acts and subordinate statutes of persons of distinguished

In light of the fact that high blood pressure was 1.2 at the time of entering the military for the Plaintiff, even if there was a symptoms of high blood pressure at the time of entering the military for the Plaintiff, in light of the fact that high blood pressure had no influence on the part of the unit and the friendlys, it can be seen that the high blood pressure had no influence on the part of the eyesight. Rather, according to the result of the medical record appraisal conducted by the previous South National University Hospital, there is no opinion of high blood pressure verification that directly caused high blood pressure, and even if the high blood pressure could act as a factor that could affect a certain degree of influence on the part of the eyesight, it is reasonable to deem that the high blood pressure was further promoted in the environment of the living environment of the poor military life as seen earlier, as seen earlier, even if any, the causal link between the difference and the performance of official duties of the Plaintiff is sufficiently recognized.

Therefore, the instant disposition should be revoked as it is unlawful.

B. Determination

In light of the evidence submitted by the Plaintiff and the result of the request for the examination of medical records to the Jeonnam University Hospital by the court of this case alone, it is insufficient to recognize that the instant wounds occurred due to the performance of military duties or have deteriorated at a natural progress or higher, and there is no other evidence to prove otherwise.

Rather, in light of the Plaintiff’s statement No. 7 of this case’s medical record appraisal results and the overall purport of the above-mentioned facts, it is known that the level of 90-95% of this general medical pressure was not discovered, that there was high blood pressure for three years prior to the clinical records of the National Defense Water Services Integrated Hospital (1974, February 14), and that the records of this case’s medical record were proved to have been diagnosed with high blood pressure for four months, and that there was no other high-tension disease caused by high-tension and urology, and that it is difficult to find that there were many different types of diseases from urine climatics due to the fact that the Plaintiff was found to have been unable to suffer from urine climatics, and that there was no other urine climatics that were found to have been found to have been found to have been suffering from urine climatic causes.

Therefore, the disposition of this case is lawful and the plaintiff's assertion disputing it is without merit.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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