Text
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. The Plaintiff entered the Army as a private soldier on June 13, 2000 and was discharged from military service on August 12, 2002.
B. On October 23, 2012, the Plaintiff was placed at his own stand, and was diagnosed as a person who was in charge of transporting heavy sand spons, etc. by putting them into the estimated dust construction in Yang-gu, Yangwon-gun and being in charge of transporting heavy sand spons, etc., and was diagnosed as a person who was in charge of applying for the registration of persons who rendered distinguished services to the Defendant on December 23, 2014.
C. On July 29, 2015, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant notified the Plaintiff of the decision that the Plaintiff does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the instant injury and disease is not deemed to have been caused or aggravated by proximate causal relation with military duties or education and training.”
[Ground of recognition] No dispute, Gap 1, 2, and Eul 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not receive treatment due to the Hegy-related disease before entering the military, and was healthy in the draft physical, such as receiving normal determination in the area of the military. The Defendant’s disposition that deemed that there was no proximate causal relation between the Plaintiff’s service branch and the Plaintiff’s military service, etc. is unlawful and should be revoked.
B. 1) Determination of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) is limited.
6) Article 4(1)6 of the Act (including diseases caused by official duties in the course of education, training or performance of duties)
In order to fall under "the task", education and training or the performance of the duty.