1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the part of “determination” from 3, 16, 5, and 9 of the judgment of the first instance to 3, 16, 5, and 9 of the judgment of the first instance is the same as the written judgment of the first instance except for the modification as set forth in the following paragraph (2). Therefore, it is acceptable in accordance with Article 8(2) of the Administrative Litigation

2. A part re-use after cutting in the trial;

다. 판단 ⑴ 제1상병 부분 ㈎ 살피건대, 국가유공자에 준하는 군경 등에 대한 보상 규정인 국가유공자 등 예우 및 지원에 관한 법률 제73조의2 제1항은, 같은 법 제4조 제1항 제6호 등에 해당하는 자 중 불가피한 사유 없이 본인의 과실이나 본인의 과실이 경합된 사유로 인한 사망 또는 상이를 입은 자를 국가유공자에서 제외하되 국가유공자에 준하여 물질적으로 보상하고자 마련된 규정이라고 할 것이다

(대법원 2010. 9 .9. 선고 2010두7710 판결 참조). ㈏ 이러한 법리에 따라 이 사건을 본다.

In full view of the overall purport of the arguments in Gap evidence 2, Gap evidence 4 (including additional number), and No. 11-1, the plaintiff completed the business report on April 6, 1996, and suffered an injury in light of the rule of evidence 2, Gap's evidence 4 (including additional number), and the purport of the whole argument, and the plaintiff was found to have suffered an injury in light of the rule of light, since it was turned out from the stairs that were immediately up to the personnel and office for education of officers, and the first injury to the first injury is acknowledged. According to these facts of recognition, the first injury can be deemed to be an injury to official duties in proximate causal relation with the official duties

However, the following circumstances recognized by the purport of the evidence and the entire pleadings, namely, ① cannot find any defect in the stairs facility itself at the time, and the Plaintiff was inevitably unable to find out the situation that the stairs were immediately laid down, ② the Plaintiff did not incur any first injury and disease even though he was fully able to pay the minimum attention to the stairs.