2015Guly 20224 Revocation of a decision to meet the requirements for persons of distinguished service to the State

A

The Commissioner of Busan Regional Veterans Administration

2016, 27 January 27

February 24, 2016

1. The plaintiff's primary and conjunctive claims are all dismissed. 2. The costs of lawsuit are assessed against the plaintiff.

On July 7, 2014, the defendant revoked the disposition to refuse to grant distinguished service to the plaintiff on July 7, 2014. Preliminaryly, the defendant revoked the disposition to refuse to grant distinguished service to the plaintiff on July 7, 2014.

1. Details of the disposition;

A. On September 29, 1992, the Plaintiff entered the Army, and was discharged from military service on February 11, 1993. B. On October 31, 1992, the Plaintiff was diagnosed as “Maternal Maternal Maternal Matern (hereinafter “the instant difference”) at the Armed Forces Waterworks Hospital (hereinafter “the instant case”). On October 31, 1992, the Plaintiff applied for the registration of persons of distinguished service to the Defendant on the basis of the difference in the application for the instant difference.

C. On July 7, 2014, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision equivalent to the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that there is no objective medical data to recognize that the instant wounds occurred due to the performance of military duties (hereinafter “each disposition of this case”).

2. Whether each disposition of this case is lawful

A. The plaintiff's assertion

Around 190, the Plaintiff, before entering the military, went through kidney test performed at the Incheon University Busan Bag Hospital, 1990, that kidne was bad, but the Plaintiff did not receive treatment at the hospital any longer due to no physical or symptoms, and was determined as class 1 in physical grade in the draft physical examination. After that, the Plaintiff continued to receive treatment while entering the military, while undergoing a new training at the three group training center, while receiving the treatment at the medical department, she was under the treatment, and the Plaintiff was immediately transferred to the hospital immediately at the time of the breath, the instant difference was not significantly aggravated. Ultimately, the Plaintiff continued to undergo training without proper treatment while undergoing the education and training, and was diagnosed the instant difference due to the aggravation of the symptoms. Although there was a proximate causal relation between the instant wound and the Plaintiff’s performance of military official duties, the instant disposition was unlawful on the premise of the Defendant’s other premise.

(b) Fact of recognition;

1) The outbreak, progress, etc. of the instant injury

A) In around 190, the Plaintiff told that kidy is bad as a result of urine testing performed at the Incheon Mady Hospital.

B) After that, the Plaintiff was judged to Grade 1 in physical examinations conducted by the Military Manpower Administration, and was enlisted for active duty service on September 29, 1992.

C) Since October 20, 1992, after entering the Gun, the Plaintiff received a new path training at the 3th group training center, and completed the 2nd group training, the Plaintiff showed symptoms, etc. that she welded and flishing the face of the Plaintiff, and that she was hospitalized after being hospitalized at the National Armed Forces Water Hospital through the National Defense Service Hospital through the stage of an association and the National Armed Forces Handong Hospital, due to a serious respiratory difficulty symptoms around October 31, 1992.

D) Meanwhile, the Plaintiff was discharged from military service on February 11, 1993 after being determined as inappropriate for military service due to a failure to maintain life without undergoing kidne-type surgery or continuous administration at the National Armed Forces Water Service Hospital, and was subject to 3 times blood speculation per week thereafter.

(ii) medical opinions

A) In around 1990, the 1990 transfer of the Armed Forces Capital Hospital, there is a little sense that it is bad for the urine test to increase the urine test. The causes of chronic renal failure include chronic climatic infection, high blood pressure, urology, and urology, etc., and there are many causes for non-merchants.

In the case of the plaintiff, taking into account the special environmental factors (e.g., power training, environmental sanitation difficulties, medical benefits difficulties, etc.), there is a possibility that the elements of the king have an impact on the aggravation of chronic renals.

(b) B hospital;

- The Plaintiff entered the military on September 29, 1992, but sent back to the Armed Forces Water Service Hospital via the Armed Forces Japan Hospital on October 31, 1992 due to symptoms of difficulty in pulmonary pulmonary treatment, and began to treat blood pulmonary treatment from November 2, 1992.

Although the existence of the plaintiff's earth's disease is unknown, it is possible to rapidly progress due to environmental changes and stress caused by training, etc., and medically, it is suggested that a dead body's disease in the bean in the Republic of Korea is rapidly ongoing due to the rapid progress of a dead body's disease or a dead body's disease after infection.

In such cases, it may be said that, upon the patient's progress, the blood exchange surgery is implemented or the immunity control system is promptly put in, if it is considered that it will not reach the new body before the end, but there is a possibility that it would be difficult to timely appropriate treatment when considering the medical access in the military training or service situation.

- In particular, it is highly likely that the patient might be treated before the end, if the rapid progress symptoms are not done at an appropriate time, and even if it is possible for the plaintiff to treat infections or to treat respiratory distresss themselves, the treatment for the disease in the bean Adne disease itself has been paid to the patient for 22 years since the latest time. Considering the level of medical science and the level of access to military medical treatment before 22 years, it is necessary to re-examine the Plaintiff's illness as much as possible.

C) In light of the medical history (referring to the case where a urology or part-time urology was discovered in the urine examination, and most of the causes thereof are the urine urine urology at the time of entering the military in around 1990, when the Plaintiff of the urine Gan University was found to have been bad for the urine urine urology at the Busan urine Hospital.).

Considering the special environmental factors (e.g., hard training, environmental sanitation difficulties, and difficulty in medical care) of 'military forces', it is thought that the 'military forces' environment might have been deteriorated above the natural progress speed due to the aggravation of chronic renals. - medically rapid progress so that patients may be suspected of being infected with the scarcity, after infection, etc., by immediately sending the patients to the hospital, could have been expected to recover the function of the scar in the state of the disease. In the case of the plaintiff, it is difficult to predict how much time can be delayed when taking measures immediately at the early stage because there is no accurate inspection on the function of expanding the scarcity, etc. in the case of the plaintiff.

- Each medical adviser's opinion that the results of the examination conducted before the entrance are required to determine the rapid aggravation of the natural progress speed above the level of progress, but it is necessary to consider the possibility that if the plaintiff was a civilian who is not a soldier, it would be able to receive a higher medical measure.

(iii) medical knowledge;

The outbreak of chronic renals is a urdney disease, a urdney disease, a high bloodtension, a dneyney disease, and a chronymosis. Since there are most cases where there are no severe symptoms until the disease in the Republic of Korea is substantially ongoing, there are many cases where there is no appropriate examination unless there is a proper examination. There are many cases where there are symptoms, such as urine, a urine, a dney disease in the Republic of Korea, a high-tension, a dneyney disease in the Republic of Korea.

- As the frequency of chronic bedne diseases increases in age, the physical quality index is high, the blood pressure is high, the blood pressure is high, the blood pressure is high, the gross hexathrosis and low-concentration call racker are higher, and the age, physical quality index, high blood pressure, blood pressure, and food heathy disease in chronic bedney. In particular, it is important risk factors to the existence of chronic bedney disease.

[Reasons for Recognition] A-4 through 9, Gap evidence No. 4, Eul evidence No. 1-4, Eul evidence No. 1-4, and the court's entrustment of medical records appraisal to the head of the high school and the result of fact inquiry, the purport of the whole pleadings

C. 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 and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation means that soldiers, etc. are injured or ill in the course of performing their duties or education and training. In order to be different from the above provision, there should be a proximate causal relationship between the performance of their duties or education and training, and the injury. In order to be different from each other, the causal relationship between the performance of their duties and the injury should be proved by the assertion of the causal relationship (see, e.g., Supreme Court Decisions 2003Du5617, Sept. 23, 2003; 2010Du12941, Oct. 28, 2010). In such case, it is not necessarily necessary to prove clearly medical and natural science, but it is difficult to establish a proximate causal relationship between education and training, the performance of their duties, and the injury or disease.

2) In light of the above legal principles, it is difficult for the Plaintiff to have been diagnosed as a soldier or policeman on duty during the military service and receive treatment of such disease. However, the following circumstances acknowledged by the overall purport of the evidence and arguments, namely, ① since around October 20, 192, there was no objective evidence to acknowledge that the Plaintiff had been engaged in education and training or other duties because it was difficult to find that the Plaintiff had no high risk of being suffering from the disease during the military service, and that there was no possibility that the Plaintiff would have been suffering from serious stress on the part of the Plaintiff’s disease in the process of performing his duty. However, considering the fact that there was no possibility that the Plaintiff would have been suffering from serious stress on the part of the Plaintiff’s disease during the period of his duty, the Plaintiff could not be viewed as having been subject to further examination because it was found that there was no possibility that the Plaintiff would have been suffering from serious stress on the part of the Plaintiff’s disease during his duty. However, it cannot be viewed that there was no other objective reason for the Plaintiff’s additional medical examination for illness.

3) Therefore, the Defendant’s instant disposition based on the same premise is lawful, and the Plaintiff’s assertion is without merit.

3. Conclusion

Therefore, all of the plaintiff's main claim and conjunctive claim of this case are dismissed. It is so decided as per Disposition.

Warrant of Judge