1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) entered on November 11, 2008, and died on March 4, 2009, when he was serving in the military.

B. The Plaintiff, as his father, filed an application for registration of a person of distinguished services to the State with respect to the Defendant, asserting that the deceased died of blood-related exploration symptoms during military service.

On June 11, 2012, the Defendant rendered the instant disposition on the ground that there is no causal relationship between the deceased’s death and the performance of official duties, taking into account the general medical opinions, to clarify the causal relationship between the blood-related search support group and the general military uniforms (hereinafter “instant disposition”).

[Ground of Recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was no more than before the Plaintiff’s entrance but died of being infected with the blood-related search certificate during the training. As such, the instant disposition based on the premise that there was no proximate causal relation between the deceased’s death and the performance of official duties is unlawful.

B. (1) The term "an injury during education and training or in the performance of duty (including illness in the line of duty)" referred to in Article 4 (1) 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State means that a soldier or police officer is injured or has suffered from a disease during education

Therefore, in order to be the difference between the above provisions, there should be a proximate causal relationship between the education and training or the performance of duties and the injury or disease, and the causal relationship between the duty, etc. and the injury or disease should be proved by the party asserting it.

(대법원 2003. 9. 23. 선고 2003두5617 판결 등 참조). (2) ㈎ 살피건대, 갑 제1 내지 9호증의 각 기재에 의하면, 망인은 입대 전에 특이 치료기록이...