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(영문) 대전고등법원 2016.09.29 2015누12371
국가유공자 및 보훈보상대상자요건비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On February 1, 1975, the Plaintiff entered the Air Force and discharged the Plaintiff from active service on April 30, 2013.

B. On September 26, 2013, after discharge, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State (hereinafter “application”) with the Defendant on the grounds that it is difficult to recognize a proximate causal relation between the application for leave and the military service, or education and training, on May 26, 2014, the Plaintiff determined that the Defendant does not meet all the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the application form was caused or aggravated due to exposure to harmful substances, such as stress and infinite meals, yellow dust, Solars, asbestos, etc., while in charge of the operation of a communications exchange system during the military service. Since there is a proximate causal relationship between the performance of duties and the status of application during the military service, the disposition of this case on different premise is unlawful.

B. (1) Determination is that a soldier, etc. is injured or ill in the course of performing his/her duties or education and training (including illness) under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Article 2(1)2 of the former Act on Support for Persons Eligible for Veteran’s Compensation (amended by Act No. 13608, Dec. 22, 2015) means that a soldier, etc. is injured or ill in the course of performing his/her duties or education and training. In order to be injured under the above provision, there must be a proximate causal relation between his/her duties or education and training, and

(see, e.g., Supreme Court Decisions 2003Du5617, Sept. 23, 2003; 2010Du12941, Oct. 28, 2010). In such cases, medical and natural science is always required.

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