logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.03.10 2016구단6560
국가유공자비해당결정처분취소청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On April 3, 1989, the Plaintiff entered as a short-term private soldier and completed his service on October 20, 1990.

B. On August 19, 2015, the Plaintiff filed an application for registration with the Defendant for a person who has rendered distinguished services to the State, asserting that “A drums during the process of transporting drums and heads during the process of support for the restoration of the flooded area, caused mental illness after being shocked.”

Consolidatedly, on November 27, 2015, the Defendant issued the Plaintiff a “disposition of this case” on the ground that the Defendant’s “it cannot be recognized that the case was caused or aggravated by proximate causal relation with the performance of military duties or education and training.”

(1) 【No dispute over the grounds for recognition, Party A’s evidence Nos. 6, 7, Party B’s evidence Nos. 2, and the purport of the entire pleadings.

2. Under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), there should be a proximate causal relationship between education, training, performance of duty, and injury or disease during the performance of duty, and the existence of a proximate causal relationship should be proved by the party asserting it. The existence of a proximate causal relationship is not necessarily required to clearly prove medical or natural science, but it is proved that there is a proximate causal relationship between education and training, performance of duty, and injury or disease when considering all the circumstances.

However, if the risk inherent in education and training or duties can not be seen as realized, it is presumed that there is a proximate causal relationship immediately even in the case where the causes, etc. of the outbreak and aggravation of modern medical science are involved not only in education and training or duties but also in private life.

arrow