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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 28, 2014, the Plaintiff entered the Army and served in the 111th Team of the 127th Team of the 11th Team. On July 28, 2014, the Plaintiff was found to be in an unstable state of repulmonary resuscitation, etc. and was found to be in an unstable state of repulmonary resuscitation, etc., and was hospitalized in the National Armed Forces Waterworks Hospital after the implementation of the 11th Team of the 127 team of the 11th Team of the 11th Team of the 11th Team of the 2014.
B. On October 6, 2014, the Plaintiff was discharged from active service, and on October 22, 2014, filed an application with the Defendant for registration of persons who have rendered distinguished service to the State (hereinafter “instant wounds”); on January 19, 2015, the Defendant rendered a decision on non-conformity of the requirements for persons who have rendered distinguished service to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”), on the grounds that it is difficult to find proximate causal relation between the instant wounds and the military performance of official duties, following deliberation by the Board of Patriots and Veterans.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not have any symptoms pertaining to the instant difference before entering the Plaintiff, and even to the extent that there was a possibility that the instant difference was caused due to military performance, such as training conducted at the level of 20 km after entering the Plaintiff, etc., on the premise that it is a genetic disease, a proximate causal relationship between the military performance and the military performance of official duties is unlawful.
B. Determination 1) In order to constitute “an injury during education and training or in the performance of duty (including illness in the line of duty)” under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, there should be a proximate causal link between education and training, the performance of duty, and the injury or disease, and the existence of a proximate causal relationship should be proved by the party asserting it (see Supreme Court Decision 2003Du5617, Sept. 23, 2003).