2010Du15193 Revocation of Disposition Rejecting Persons of Distinguished Service to State

Plaintiff

Head of Jinju Veterans Branch Office

Busan High Court Decision 2008Nu969 Decided June 18, 2010

November 25, 2010

The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are examined.

1. "A soldier or police officer wounded (including illness in the line of duty)" under Article 4 (1) 6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 9079 of Mar. 28, 2008) means that a soldier or police officer wounded or was suffering from an injury or disease in the course of education and training or in the course of performing his/her duty. Thus, in order to be different from the above provision, there should be a proximate causal relation between the education and training or in the performance of duty and the injury or disease. In order to be different from the above provision, there should be a proximate causal relation between the injury or disease in the course of education and training or in the performance of duty, as well as the case where an injury or disease was caused directly due to education and training or in the performance of duty, or the case where an existing disease was aggravated or aggravated as a result of excessive education and training or in the performance of duty, and the causal relation has been proved if there can be a proximate causal relation between the injury or disease.

The Supreme Court Decision 9Du331 delivered on June 8, 199, and Supreme Court Decision 2006Du14469 delivered on August 21, 2008, etc.). Meanwhile, the existence of proximate causal relation between education and training or performance of duty and injury and disease should be determined based on the health and physical condition of the relevant soldier, etc. rather than the average person (see Supreme Court Decisions 2000Du4538 delivered on July 27, 2001; 2006Du1469 delivered on August 21, 2008, etc.).

2. A. According to the facts duly established by the court below and the records, the following facts are acknowledged. (1) The plaintiff showed a special symptoms of mental illness before entering the military, or did not have received treatment at a mental department or hospital, and the plaintiff was a physical examination conducted on July 15, 1995, prior to entering the military, or a entrance examination conducted on July 15, 1997.

11. In the physical examination conducted on May 1, 1997, no particular mental or physical symptoms have been found. (2) On November 4, 1997, the Plaintiff entered the Army and served as a gun in the second group 702 special military solidarity from the Army, and frequently met from an appointed soldier for a considerable period of time. The details stated in the written resolution (No. 3) are limited to the details stated in the written resolution (No. 3), which was around July 1998, 198, Nonparty 1 and Nonparty 2 were 2 once the Plaintiff’s second parts of the body, and Nonparty 3 were 1 and Nonparty 3 once the Plaintiff’s inner part of the body, on drinking around April 199.

17. The plaintiff's 4 jumal 1, 209, 199.3 20 times, 199. 4 jumal 1, 199. 3 times, 199. 4 jumal 1, 199. 3) The plaintiff used violence against Non-Party 3 on May 19, 199, and 20 soldiers who were discovered from 199. 9 were subject to disciplinary action on May 20, 199, 19 7 19. 9 9 malmal 1, 6 malmal 1, 200's 9 malmal 9 malm 1,200's malm 1,206 malm malm 1,200's malm malm 1,200's malm malm 9,200.

I would like to hear that the horses are frequently.

(8) The plaintiff showed abnormal behavior from May 200. Since 2000, there was a case where the plaintiff transitioned for the reason that he she franchisa while he franchisa, and there was a symptoms to franchisate safety, and there was a symptoms to franchisate safety, such as franchising the front and uneasiness while franchising franchis.

( 9 ) 원고는 2000. 10. 경부터는 밤에 잠자는 것이 힘들어지고 환청 증상이 심해 ○○ 병원, △△병원, 개인 정신과 의원 등 여러 곳에서 치료를 받았으며, 2001. 1. 19. ㅁㅁ 신경정신과에서 대뇌 신경계 이상으로 인한 만성 정신분열병 진단을 받았다 .

B. Examining the above facts in light of the legal principles as seen earlier, the Plaintiff did not appear to have a social disorder before entering the military, and it appears that the Plaintiff was under normal determination in the draft physical and draft physical examination, closed barracks life by which strict regulations and control are performed after entering the military, and frequent oral actions inside the military, and that the Plaintiff was under stress to the extent that it could not have been significantly reduced for a considerable period of time. Furthermore, although Nonparty 3 suffered serious mental stress on the right side due to the assault of Nonparty 3, the Plaintiff returned to the military unit without sufficient treatment, and was under violence from the military. Nevertheless, it appears that the Plaintiff was under severe mental and physical stress due to the Plaintiff’s act, such as an act of violence against the Plaintiff, by which he was subject to disciplinary action seven days in so far as he did not appear to have been subject to mental disorder due to severe stress on the ground that the Plaintiff was under severe mental disorder from the mental division, and that the Plaintiff was under severe mental stress by the mental disorder from the mental division to the point that it appears that the Plaintiff could not have been suffering from mental stress after the discharge of the Plaintiff.

C. Nevertheless, the lower court determined that it is difficult to deem that the Plaintiff’s mental fission was caused by the Plaintiff’s education and training or performance of duty as a soldier or aggravated natural progress. In so doing, the lower court erred by misapprehending the legal doctrine on the causal relationship between the Plaintiff’s disease, education and training or performance of duty, thereby adversely affecting the conclusion of the judgment

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Hong-hoon

Justices Kim Gi-hwan

Justices Min Il-young

Justices Lee In-bok