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(영문) 대법원 2015.11.26 2015두3188
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

In order to recognize "an injury (including a disease in the line of duty) in the course of education and training or performance of duty" under Article 4 (1) 6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 201), there is a proximate causal relation between the education and training or performance of duty and the injury or disease in the course of performing duty, and the causal relation shall be attested

The court below, based on the following facts revealed in its reasoning, must serve as a significant trauma in order to cause the accident caused by the accident, namely, the loss of the thife in the thife, or spine separation certificate. However, there is no evidence to deem that there was a significant impact on the part of the plaintiff to the extent that the plaintiff caused the above difference on the bife part of the bife. The medical record appraiser's opinion that it is difficult to recognize a proximate causal relationship between official duties 17 years prior to the fact inquiry and the plaintiff's spine separation certificate" is medically reasonable, and it is not highly likely that the job intensity and working hours at the time of the plaintiff's military life rapidly aggravated the plaintiff's spine separation certificate

“On the grounds that the opinion presented, it is difficult to see that the instant wound was caused or rapidly aggravated due to the education and training or the performance of military duties during the military service period, and therefore, the instant disposition was lawful.

The judgment below

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles as to proximate causal relation, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as otherwise alleged in the ground of appeal.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party.

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