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(영문) 서울고등법원 2016.04.20 2015누59671
국가유공자요건비해당결정취소
Text

1. Revocation of the first instance judgment.

On October 20, 2014, the Defendant rendered distinguished services to the State and was eligible for veteran’s compensation.

Reasons

1. The part citing the judgment of the court of first instance is identical to the description on the grounds that the court rendered a disposition and the part on the Plaintiff’s assertion in the reasoning of the judgment of the court of first instance (from No. 2 of the judgment of the court of first instance, No. 1 to No. 3), and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act, and Article

2. Determination on the legitimacy of the instant disposition

A. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, who was discharged from military service or retired from military service after having been wounded (including diseases) in the course of performing duties or education and training directly related to national defense, security, or the protection of the lives and property of the people, and the degree of such disability is defined as persons determined as disability rating in the physical examination conducted by the

In this case, the term “an injury during education and training or in the performance of duty” refers to the injury or disease of a soldier or police officer during education and training or in the performance of duty, so there is a proximate causal relationship between the education and training or performance of duty and the injury or disease thereof, and the burden of proof of such causal relationship between the performance of duty, etc. and the injury, etc.

However, the causal relationship does not necessarily have to be proved clearly in medical or natural science, and even if there is a proximate causal relationship between education and training, performance of duties, and the injury or disease, considering all the circumstances, it shall be deemed as proved. The existence of causal relationship between education and training, performance of duties and the injury or disease shall be determined based on the health and physical conditions of the relevant soldier, not on the average person.

(see, e.g., Supreme Court Decision 2013Du6442, Sept. 24, 2014). (B)

Judgment

Evidence and evidence No. 7 of the above.

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