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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 disposition;
A. On May 11, 2009, the deceased B (hereinafter “the deceased”) served in the 752 unit of the 105 Information and Communications Team after entering the Army on May 11, 2009. On July 31, 2010, the deceased on September 29, 2010 after having been discharged from the military due to the outbreak of cerebryang (hereinafter “the instant wounds”).
B. On February 15, 2011, the Plaintiff, as the deceased, applied for the registration of bereaved family members of a person who has rendered distinguished service to the Defendant due to the death of the deceased. On August 18, 2011, the Plaintiff was notified of the determination on the non-conformity of requirements for persons who have rendered distinguished service to the State (hereinafter “instant disposition”) on the ground that the occurrence of the instant wound was not proximate with the official duty, and was dismissed by the Central Administrative Appeals Commission on June 5, 2012 as a result of the
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 5 (including each number, hereinafter the same shall apply), the purport of whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that there was no health problem until he was judged at first degree in a physical examination for a physical examination for a physical examination. However, in the course of the military life’s continuous training and training on February 2, 2010, the injury in the instant case was rapidly proceeded at a rapid rate above the natural progress rate, following the addition of the circumstances, etc., which were left alone without undergoing timely medical treatment, even if there had been symptoms at the beginning of the two sides, such as the Gu soil, etc., and
The instant disposition that denied proximate causal relation between the above wounds and the performance of official duties should be revoked in an unlawful manner.
B. The term "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 means that military personnel or police officers have sustained or suffered from an injury or disease during education and training or in the performance of duty, and there is a proximate causal relationship between education and training or in the performance of duty and the injury or disease, and the causal relationship between the injury