2013Gudan683 Disposition of revocation of a decision that falls under the requirement of a person of distinguished service.

A

The Head of Seoul Regional Veterans Administration

June 21, 2013

August 23, 2013

1. The plaintiff's claim is dismissed.

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

The Defendant’s decision that rendered distinguished services to the State on April 2, 2012 was revoked.

1. Details of the disposition;

A. On October 1, 1950, the Plaintiff entered the Air Force and was discharged from active service on April 30, 1951. On October 23, 1950, the Plaintiff applied for registration to the Defendant of distinguished service to the State on September 28, 201 for the following reasons: (a) on October 29, 1950, while she was placed in a new air airfield near riwons and worked at night at night at night on the beginning of the first day on October 1950, 1950, she was laid down on the ground floor because she could not cover the hidden amount on October 29, 1950; and (b) on the ground that she was diagnosed of 'consatus catus catage (hereinafter “the instant difference”).

B. On April 2, 2012, the Defendant rendered a ruling of non-injury to persons who rendered distinguished services to the State (hereinafter “instant disposition”) and notified the Plaintiff on the ground that there was no specific and objective data evidencing that the instant difference occurred due to the considerable excess in performing official duties in the military.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The Plaintiff entered a healthy state, and continued night duty in the state of an anti-tension with the enemy. In the event of the poor dissemination in wartime, the instant wound was suffering from the instant accident. This circumstance is recognized based on evidence submitted by the Plaintiff, such as the statement of a volunteer soldier working together at the time. Therefore, even if proximate causal relationship between the instant wound and the Plaintiff’s military performance of official duties is recognized, the instant disposition based on a different premise is unlawful.

(b) Fact of recognition;

1) The Plaintiff entered on October 1950, 1950, and was discharged from military service on April 30, 1951.

2) The resident list in the possession of the Air Force is recorded as the Plaintiff was hospitalized in the Air Force Hospital from November 15, 1950 to January 20, 1951.

(iii) records of obligations after discharge;

(A) B hospital from August 23, 1987 to August 29, 1987

○ Diagnosis name: Institutional chypitis, chypitis, chronic chypitis, and chronic chypitis

○ Discharge Status: Restoration

○○ Man Certificate: A male patient at the above 54 years of age was relatively healthy, but has been in the form of medication since one week prior to the day, but was in the form of medication through the outside of the Republic of Korea, but was in the absence of symptoms and 3 days prior to the third day prior to the symptoms, and was hospitalized in order to undergo an evaluation and treatment.

○ Maspathic power: Maspathic disease (+) + Maspathic disease (-), urine(-), high blood pressure(-)

(B) B hospital from October 4, 198 to October 15, 198

○ Name of diagnosis: Impictal infections

○ Results of treatment: Easure

○○ Man-si, 55 patients were hospitalized due to the symptoms of heat and scarcity, and was healthy until now.

○ king power: pulmonary tuberculosis (-), urology (-), and high blood pressure (-)

○ on October 4, 1988, chest X-ray: Man-Man on August 23, 1987, compared with the images taken on August 23, 1987, a minor chest-gu accompanied by a astronomical music is shown on the left-hand chest. There is no activity pulmonary erosion.

(C) Radioactive records of C Hospital on October 19, 201, 200

○ Tuberculosiss that constitute a earthquake on each side of the leaves;

○ The left-hand Corerced Corresses

It is more likely that ○ is more likely to prevent soil rather than scarping, and due to this, it is too serious that breadth is frighten.

○ Duplicing and duplicating on the right side and on the left side side;

(D) A medical certificate of C Hospital on September 28, 2011

○ Examination (Final Diagnosis): (Past) Symosis symism, tuberculosis chestitis ( Tuberculosis symitis), tuberculosis;

○ future treatment room: The above patient is the patient with the past record of the left-hand chest chage because of tuberculosis cageage, and the patient needs continuous tracking in the future as of September 28, 201 after the cage cage cagecage was implemented by a narrow cagecage cagecage in the left-hand side of November 201.

[Ground of recognition] Class A 2, 3, 9, 10, 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

C. Determination

1) In order for a soldier or policeman wounded in the line of duty (including illness in the line of duty) as prescribed by Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sep. 15, 201) to fall under the category of injury or disease during education and training or in the line of duty (including illness in the line of duty), there should be a proximate causal relationship between education and training, performance of duty, and injury or disease. The existence of such proximate causal relationship must be proved by the party asserting such proximate causal relationship. However, it is not necessarily required to be proven in medical or natural science, but it is presumed that there is a proximate causal relationship between education and training, performance of duty, and injury or disease when considering all the circumstances. However, even though the causes, etc. of the outbreak and aggravation of modern medical science can be related to education and training or performance of duty, it is difficult to view that such causal relationship has been realized in education and training or performance of duty (see, etc.).

2) We examine the above facts of recognition and the following circumstances revealed in the overall purport of the pleading.

After the plaintiff was hospitalized in a military hospital during military service, there is no objective data, such as the beds and medical records, which can confirm that the plaintiff was hospitalized in the military hospital at the time as soon as he/she had been hospitalized at the left-hand us at the time.

Even if the plaintiff received treatment of cage cage cage cage cage at the time, there is no objective data to verify the shape and degree of cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage fage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage 1988.

In full view of the above circumstances, the fact that the Plaintiff was hospitalized in a military hospital during military service and was discharged from military service; the fact that the record of medical records in 1987 stated that the Plaintiff was the king of cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage at the time of applying for registration of the instant persons of distinguished service; the Plaintiff’s statement was made

Therefore, the instant disposition in the same purport is lawful.

3. Conclusion

Thus, the plaintiff's claim is dismissed as it is without merit.

Judges fixed-age