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(영문) 부산고등법원(창원) 2015.04.17 2014누10465
국가유공자및보훈보상대상자비해당결정처분취소
Text

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.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except where the third and fourth parts of the judgment of the court of the first instance are used as follows. Thus, this part of the reasoning of the judgment of the court of the first instance shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment of and Support for Persons, etc.”) and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (including a disease in the course of performing duties or education and training) refer to the injury or disease inflicted on or by a soldier or police officer during education and training or in the performance of duties. Therefore, in order to be different from the above provision, there is a proximate causal relation between the education and training or in the performance of duties and the injury or disease, and the causal relation between the injury and the injury should be attested by the party asserting it (see, e.g., Supreme Court Decision 2009Du9097, Oct. 29, 2009). 2)

According to the evidence Nos. 6, 7, and 10-1, and 2 of the evidence Nos. 10-2, it is recognized that the Plaintiff received treatment under the name of a dual patient from the D non-humanarology on February 5, 2007, and that the Plaintiff was diagnosed on May 21, 2012 by the Samsung Changwon Hospital as a high-speed chill (noise) for both sides of the Samsung Changwon Hospital.

(1) However, the Plaintiff asserted that noise generated from helicopters, saws, firearms, etc. was exposed and caused the No. 1 of this case. However, the Plaintiff’s statement is limited to the Plaintiff’s statement of witness E of the first instance court, from among the confirmation document prepared by the same person and the confirmation document prepared by the first instance court, who had worked together with the materials proving the situation of the occurrence, other than the Plaintiff’s statement. Each of the above confirmation document is submitted at the time of the Plaintiff’s first application for the registration of persons of distinguished service to the State, after five years from

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