(영문) 울산지방법원 2017.3.30.선고 2016구합241 판결

The defendant's disposition against the plaintiff on February 4, 2016, which was non-applicable to the requirement of persons who rendered distinguished services to the State, shall be revoked.

Reasons

1. Details of the disposition;

A. On September 29, 1964, the Plaintiff entered the Gun and served as a design agent for K-2 base No. 7, which belongs to the security team 00 units. On July 8, 1966, the Plaintiff was discharged on July 30, 196 from active service on the part of the Plaintiff, following the process of hives of the hives in the outdoor warehouse at the base distribution outlet - the hives of the hives in the air transport to the shoulder together with other members. In the process of transporting the hives in the air transport to the shoulder, the hives in the above hives of the hives would lose the center of the remainder with excessive weight, and then have been put on the right shoulder (hereinafter referred to as the “instant accident”). Around July 30, 196, the Plaintiff transferred to the K-2 base hospital and received medical treatment.

B. The plaintiff asserted that he was injured in the cage cage and spine due to the instant accident and applied for registration of a person who rendered distinguished services to the State to the victim. Accordingly, the defendant notified the plaintiff to the purport that the defendant does not constitute the requirements for persons who rendered distinguished services to the State only for the 4th head of the right cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage.

C. In other words, the Plaintiff filed an application for registration of a person of distinguished service to the State with respect to the Defendant, namely, the application for the pelup of the 4th right flick and spine injury (macks caused by severe shock in spine). On February 4, 2016, the Defendant notified the Defendant to the effect that only the pelup of the 4th right flick be a person of distinguished service to the State and the verte is not a person of distinguished service to the State. (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, and changes

The purpose of the whole theory

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The plaintiff suffered from the accident of this case, but the defendant made the disposition of this case on the premise that the proximate causal relation between the accident of this case and the wound of this case is not recognized. Thus, the disposition of this case is unlawful.

(b) Relevant statutes;

As shown in the attached Form.

1) Progress of the instant injury diagnosis

A) After the instant accident, the Plaintiff did not keep the beds, etc. prepared at the time the Plaintiff received medical treatment at K-2 base hospitals, and the report on the ground accident prepared by the inspector on August 17, 1969 stated that the Plaintiff suffered from the 4rd mix 1 (one unit) to the right side of the instant accident.

B) On July 21, 2006, at the 000 Hospital, the Plaintiff was diagnosed as a result of the MRI’s test on 3-4 Gyeong-do’s Gyeong-do’s Gyeong-do’s Gyeong-do’s chillis and the vertebrop 4-5’s vertet escape certificate, the left side, etc., and on May 6, 2010, the Plaintiff was diagnosed as follows: “The result of the MRI’s test in C” 3-4 ERI’s chillis, protruding signboard escape certificate, the left side, the vertebrop escape certificate, No. 4-5 Y.

2) Medical opinion (the result of commissioning medical record appraisal to the director of the hospital affiliated with D)

A) According to the results of the examination conducted by the GOBD on July 21, 2006, there is no discovery of changes in the annual organization due to credit, i.e. damage to human beings and nearby land, and saliva or saliva in tissue.

B) On May 6, 2010, the result of the self-inspection conducted by Ji C was as seen above July 21, 2006

On the other hand, the escape from the post signboards was newly discovered in 3 - 4 times.

C) The reason for the post-explosive escape certificate No. 4-5 is not accurately known, but it is 60% of the credit in general as the cause classification of the escape certificate, and 40% of the credit in general. The prior to the occurrence of the post-explosive escape certificate is known to the extent of 60% of the credit in case where the cause is unknown. The nuclear power of the post-explosive escape certificate is hardened due to the emerculation which naturally occurs, while the age of the post-explosive escape certificate is getting worse, and if there is a burden on the essential part in the state where the emercatories surrounding the emerculation are weak, it causes symptoms by tearing the emerculation and suppressing the emerculation system.

D) The point of time of the instant accident and the point of time from about 40 years, which was the point of time at which the instant accident was first discovered, differs from about 40 years, and since the sick name at the time of the instant accident is the body of the right 4th head, there is a new distance from about 3-4, and about 4-5, which is the 4th head of the chest, to which the escape of the instant accident occurred. The instant accident could have been shocked by the Plaintiff due to the instant accident, but there was a sufficient time to recover from such shock, and there is a significant high possibility that there was a disease such as the escape of a conical signboard due to a chronic change following age. In light of the fact that the relationship between the instant accident and the escape of a conical signboard is low.

[Ground of recognition] Gap evidence 2, evidence 5, evidence 7 (including branch numbers), and 000 bottles attached to D

Results of the request for appraisal of medical records to the Director, the purport of the whole pleadings

D. Determination

Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State refers to that a soldier or a police officer killed or wounded in the course of education and training or in the performance of duty (including illness in the line of duty) means that a soldier or a police officer wounded or ill in the course of education and training or in the performance of duty. Thus, in order to become different from the above provision, there is a proximate causal relation between the education and training or in the performance of duty and the injury or disease thereof, and the causal relation between the performance of duty, etc. and the injury must be proved by the party asserting it (Supreme Court Decision 2003Du5617 Decided September 23, 2003, etc.).

According to the above facts and arguments, the plaintiff's testimony was difficult to find out that there was a difference between the plaintiff's testimony at the time of entrance into K-2 base hospital, and that there was no evidence to directly verify the status of the plaintiff's health, and that there was only one accident that was prepared after about one month of the accident, and that there was no possibility that the plaintiff would have been recovered from the 6th anniversary of the fact that there was a difference between the plaintiff's testimony at the time of entrance into the hospital, and that there was no possibility that the plaintiff would have been recovered from the 6th anniversary of July 21, 206, since it was hard to find that there was a difference between the plaintiff's testimony at the time of entrance into the hospital, and that there was no possibility that the plaintiff would have been recovered from the 6th day of the accident.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

shall be ruled.

Judges

Judges Kim Tae-tae

Judges Cho Jong-chul

Judges Lee Jong-hoon

Site of separate sheet

Related Acts and subordinate statutes

▣ 국가유공자 등 예우 및 지원에 관한 법률

Article 4 (Persons of Distinguished Service to State)

(1) Persons who have rendered distinguished services to the State, their bereaved family members or families (other Acts) falling under any of the following subparagraphs:

Any person who is provided with the honorable treatment, etc. under this Act shall be entitled to the honorable treatment under this Act.

6. Soldiers or police officers wounded on duty: Soldiers, police officers, and fire-fighting officers of the State's defense and security, or people's lives and property;

(including diseases) arising from wounds in the performance of duties or during education and training directly related to protection;

Persons discharged from active service or retired from office, who are disabled in physical examinations conducted by the Minister of Patriots and Veterans Affairs.

person determined as soon as possible;

(2) Whether a person meets the requirements for persons who have rendered distinguished services to the State under paragraph (1) 3 through 6, 14 and 15.

Detailed standards for, and the scope of, the following matters shall be comprehensively considered by Presidential Decree:

The matters shall be determined.

3. The reasons why he/she was killed or wounded (including diseases), and the existence and extent of his/her negligence;

▣ 국가유공자 등 예우 및 지원에 관한 법률 시행령

Article 3 (Standards and Scope of Requirements for Persons of Distinguished Services to State)

(1) The standards and scope of persons who have rendered distinguished services to the State under Article 4 (2) of the Act shall be as follows:

4. Persons falling under Article 4 (1) 6 and 15 of the Act: From 2-2 of subparagraph 2-1 to 2-8 of attached Table 1;

Any of the wounded persons

[Attachment 1]

Criteria for and scope of persons who have rendered distinguished services to the State (Article 3 related thereto)

2. The performance of duties directly related to national defense and security or to the protection of the lives and property of the people.

(b) A person who was killed or wounded during education and training (national defense and security or national life and re-defense);

a disease due to the performance of duties or education and training directly related to the protection of

(including a person who died of such disease)

▣ 보훈보상대상자 지원에 관한 법률

A person shall be appointed.

Article 2 (Persons Eligible for Veteran's Compensation)

(1) Any of the following persons' veteran's compensation and his/her family members, bereaved or not (if any other Act requires compensation:

Any person who is provided with support, etc. provided for in the Act shall be provided with support under this Act.

2. A soldier, police officer: A soldier, police officer, or fire-fighting officer of the State's defense, security, or national birth;

In the performance of duties or education and training not directly related to the protection of name and property (including diseases)

discharged from military service (including retirement from military service, exemption from military service, or discharge from full-time reserve service; hereafter the same shall apply in this Article) by suffering from B.

A person who has retired or resigned (including removal from office; hereafter the same shall apply in this Article) and is the Minister of Patriots and Veterans Affairs of the commercial household;

Determination as a disability rating under Article 6 (hereinafter referred to as " disability rating") in a physical examination conducted under this Act;

person who has become a person

(2) Detailed criteria for determining whether a person meets the requirements for persons eligible for veteran's compensation and the scope thereof under paragraph (1).

The following matters shall be prescribed by Presidential Decree in comprehensive consideration:

1. Regarding the performance of duties or education and training and the protection of national defense and security, or the protection of people's lives and property:

Degree

2. The reasons why he/she was killed or wounded (including diseases), and the existence and extent of his/her negligence;

▣ 보훈보상대상자 지원에 관한 법률 시행령

Article 2 (Criteria and Extent of Requirements for Persons Eligible for Veteran's Compensation)

(1) Veterans' compensation groups defined in Article 2 (2) of the Act on Support for Persons Eligible for Veteran's Compensation (hereinafter referred to as "Act")

The standards for and the scope of requirements for boxes shall be as follows:

1. Persons falling under Article 2 (1) 1 or 2 of the Act: Any of subparagraphs 1 through 15 of attached Table 1;

1111.6

(2) A person whose outbreak or aggravation of the relevant disease is performing his/her duties or education and training pursuant to subparagraph 11 of attached Table 1.

records, matters, etc. of the following subparagraphs are required to be judged medically to have a relation:

shall be taken into account in this chapter.

1. Medical certificates, death certificates, certificates, and clinical dogs under Article 17, 21, or 22 of the Medical Service Act;

Medical records or nursing records, or other records related to medical treatment under Acts and subordinate statutes, in general;

Of those as prescribed by Ordinance;

2. Environment, period of service, nature of duties, and circumstances at the time of performing duties;

3. Whether the relevant deceased person or a person suffering from a disease had an existing disease.

(3) Criteria and scope of persons eligible for veteran's compensation for major diseases and major diseases under subparagraph 11 of attached Table 1.

the Prime Minister shall be prescribed by Ordinance of the Prime Minister.

[Attachment 1]

Criteria for and scope of persons eligible for veteran's compensation (related to Article 2)

A person shall be appointed.

참조조문

-국가유공자 등 예우 및 지원에 관한 법률

-국가유공자 등 예우 및 지원에 관한 법률 제4조 제1항 제6호

-국가유공자 등 예우 및 지원에 관한 법률 시행령

-보훈보상대상자 지원에 관한 법률

-보훈보상대상자 지원에 관한 법률 제2조 제2항

-보훈보상대상자 지원에 관한 법률 시행령

-의료법 제17조