2012Gudan1056 Revocation of Disposition of Non-existence of Persons of Distinguished Service

Kim Lee

Permanent Residence

소송대리인 법무법인 ㅇㅇ

Attorney Doo

Head of Ansan-dong Veterans Branch Office

Litigation Performers Kim Jae-in

September 14, 2012

October 12, 2012

1. On January 19, 2012, the Defendant’s disposition of non-eligible persons of distinguished service to the State against the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On September 27, 2011, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with respect to the Defendant, asserting that the Plaintiff spawned the kimchi while serving in the military, spawned on the left-hand shoulder, and suffered a difference in the left-hand shoulder while going beyond the axis spash.

B. On January 19, 2012, the Defendant: (a) confirmed that “the two parties to the instant case’s wound was pre- or post-control pipes and net heat (hereinafter “the two parties to the instant case’s wound”); (b) as alleged by the Plaintiff, the Defendant merely gambling the gambling while faced with the gambling joints; (c) the gambling radiation photographs taken on August 10, 2009 showed the two parties’ inherent instability; (d) all side of the gambling radiation photographs on the left side showed the extreme instability; and (e) it was determined that the left side shoulder was made by deeming the two parties to the instant case’s shoulder radiation, and that there is a high possibility that the two parties to the instant case’s injury or disease were generated, and thus, it does not constitute the requirements for deliberation and resolution of the Board of Patriots and Veterans Affairs through the deliberation and resolution of the case’s Persons of Distinguished Service on the ground that there is no proximate causal link between military duties and those of the instant case’s.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 13-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

On July 2009, when the Plaintiff was serving in the military as a cooking soldier, the Plaintiff spawned with the left-hand shoulder, and spawnd with the instant wound during the mother training on August 12, 2009. Accordingly, the Defendant’s disposition of this case on a different premise is unlawful, despite the recognition of proximate causal relation between the instant wound and the Plaintiff’s performance of official duties.

(b) Fact of recognition;

1) Military service and treatment details, etc.

- The plaintiff did not receive treatment from a hospital in relation to the left-hand shoulder before entering the Gun.

On February 26, 2009, the Plaintiff entered the Army and served as an auxiliary police officer belonging to the police patrol group of the Gu and served in the cooking team from May 2009.

While working as a cooking soldier, the Plaintiff has been continuously engaged in the work of moving food materials such as 75 minutes of 75 persons, slicks of 150 persons, and rice 20 km of 150 persons.

The plaintiff saw that around July 2009, around 2009, he brought about about about 20 km from the outside, moving the kimchi strings on several occasions, and flag on the left shoulder with the sound on the left shoulder.

The plaintiff is prevented from the crime prevention patrol team and has four cooking wards, and continues to work without any hospital. However, as time goes by, there was serious pains on the left side of the time.

On August 3, 2009, the Plaintiff was diagnosed as having received respectively medical treatment from a member of the Embami-Sami-Sami-Sami-Sami-Sami-Sami-Sami-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-

On August 12, 2009, the Plaintiff participated in the ambling and ambling with the instructions of the Jung-gu commander as the number of persons to be engaged in ambling and training was less than one, and the Plaintiff was suffering from the other party and the left side in the ambling and ambling with the left side.

On August 13, 2009, the Plaintiff received medical treatment after being sent to the police hospital on the back of August 13, 2009, as a result of the diagnosis and treatment as a "pre- or post-control hospital", but is not protected. As a result, the Plaintiff received the post-control at the end on October 1, 2009.

(ii)record on the side of the military unit;

A) Records of medical records of the police hospital

(1) Outpatient medical records

- On August 10, 2009: She was found to have caused a pain on the left-hand shoulder and to have been abandoned after examining the ground beyond 3 weeks of check (in 2009: 3 weeks of check) and Matern No. 300, the ground was found to have been found to have been found to have been destroyed by the left-hand shoulder, after examining the ground. The examination (+), pressure (+), movement range: complete, the examination of the multi-way direction instability of check on the (proof), complete, - the examination of the multi-way direction instability of check on August 27, 2009: MaRI after photographing the Madon to 1999: Mad on September 1, 2009, the direction of 15 to 15: 5: Madon on the screen of video inspection as the direction of Madon on September 1, 2009.

(2) We examine the ground as the left arms, and see that it seems that there was a pain on the left side of the air, and that it seems that there was a pain on the back of the back of the entrance record book ( September 8, 2009).

On September 1, 2009, 199, 2000. 6. 6. 6. 6. 6. 6. 6. 6. 1. 6. 6. 6. 1. 6. 6. 6. 6. 1. 1. 1.: 1. 1. 1. 1. 1.: 1. 1. 1. 1. 1. 1. 1

(4) Medical certificate of diagnosis (O. 5, 2009): On October 1, 2009, a medical certificate of diagnosis (O. 5, 2009 : on the left-hand bank, a co-or-or-hand bank, the left-hand bank, and a first-hand bank post-or-hand medical opinion: On October 1, 2009, a co-ordinary co-ordinary co-ordinary.

B) On August 12, 2009, as an auxiliary police officer belonging to the police patrol group of the Gu and America Police Station, a certificate of injury (as of January 11, 201, 201), the following was diagnosed: (a) as a result of a medical examination conducted by the police hospital, etc. after having been injured in the shoulder part while having been trained at the head of the Si/Gu and the head of the Gu and Si/Gun/Gu, on August 13:50, 2009; and (b) as a result of a medical examination conducted by the police hospital, etc. at the police station, etc.

C) A written request for examination of major thought (the head of the Gu Police Station, October 13, 2009) (the head of the Gu Police Station, October 13, 2009), which was incurred in the course of training and education at the Geumsan Camp site in the Gu, Si, Si, Gu, Si, Si, Gun, on August 12, 2009, after returning to the military unit, was diagnosed and diagnosed as a result of the immediate return to the police hospital, the operation was inevitable while the operation was conducted under the diagnosis of the "on the left shoulder so that the operation was conducted on October 1, 2009 and during the hospitalized treatment at the police hospital.

D) A written deliberation and resolution on major ideas ( November 23, 2009): Resolution on official injuries

(e) Date of the award of facts relevant to the requirements for persons, etc. of distinguished service to the State (the Commissioner of the Gyeong-do Police Agency, January 11, 201): the Gu Musan Camp YY:

· Disqualified causes: During the maternity training

The name of the injury-disease: The injury was diagnosed as "the front, rear, and in order" before and after the opening of the field of the field of the front and after the opening of the field of the field: At around 13:50 on August 12, 2009, when the head of the Si/Gu Si/Gu was receiving the gathering training at the head of the Si/Gu Si/Gu Si/Gu Si/Gu, he was under the examination by the police hospital, etc. after being faced with the shoulder part of the shoulder part of the shoulder part of the shoulder part of the shoulder part of the accident and received the examination by the police hospital, etc.

3) Medical records at private hospitals

A) Medical records of Lee Jong-hun and Lee Jong-hun (A. 3 August 2009): Ten (10) days of 10 (10) days of Kim brue Kim brue, X-ray, and the left-hand check salt.

B) After the 2nd anniversary of the first Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin Park,

The name of the diagnosis of symptoms free, and the recurrence of pain after one day: the left-hand shreed salt;

- Medical dogs (as of September 10, 201): Opinions on medical treatment for the left-hand corners: On August 8, 2009, the 1st day after the day when the internal source, the person who received the diagnosis and medical treatment, included the hot materials from the internal source, and the person who received the examination and treatment, and the me to the left-hand corners, and the me to the me to the me to the me to the me to the me to the me to the me

C) Medical Certificate of the Central University Hospital (SI. 8 September 201): Medical Certificate of the Central University Hospital (SI. 8. 201. : Redives of the shoulder section Section and its incomplete future treatment opinion: A state in which the police hospital conducts brupt and net brue brusing in the face of the left brush due to the depression of the shoulder section. From this point of view, MDRI, which was inspected on September 5, 201, is suspected of the depression of the back brusure and the depression of the back brusium, and in the checkless stress radiation examination, the depression is recognized

4) As a result of the court’s entrustment of physical examination to the Director of the Native University of the Native College of Korea, the Plaintiff is currently suffering from chronic pains, physical disability, and unstableness on the left-hand side of the Plaintiff.

- The left-hand check-up is diagnosed as a co-ordination and sub-satising of the left-hand check-up;

- Before, after, and after, the left-hand check on the RoI’s left-hand side implemented on August 27, 2009 is diagnosed. This may cause post-control disorder, pain, and instability.

- The general causes of the instant wounds: Serious excessive movements and wounds, such as the escape of shoulder lines, excessive external shocks, and actions, etc. required by this out-to-doors.

The plaintiff seems to have no special opinion on the king evidence, and if there is no special opinion on past history, the difference in this case was caused during military service.

- The medical causal relationship between the Plaintiff and the Plaintiff’s duties required for heavy things is deemed to be recognized.

- The medical causation between the accident of the Kimchi as alleged by the Plaintiff and the accident of the shouldering of the shouldering of the axis and the occurrence and aggravation of the net heat is deemed to be recognized.

[Basis] Evidence Nos. 2-1, 2, 3, 3, 5, Eul evidence Nos. 2, 3, 2-3, Eul evidence Nos. 4-1, 2, Eul evidence Nos. 5, 6, 8 through 12, testimony of Kim Young-young, result of physical examination of the Head of the Gyeyang-gu High University Hospital of Korea, the purport of the whole pleadings

C. Determination

1) The term “an injury or disease 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 Services to the State (amended by Act No. 10471, Mar. 29, 201) refers to the injury or disease in the course of education and training or in the performance of duty (including illness in the line of duty). Therefore, in order to become an injury as prescribed by the above provision, there is a proximate causal relation between education and training or in the performance of duty and the injury or disease, and the causal relation between the injury and the performance of duty should be proved by the assertion. However, the causal relation does not necessarily have to be proved clearly by medical and natural science, and in consideration of all the circumstances, it should be deemed that the causal relation exists between education and training or in the performance of duty and the injury or disease, even if it is presumed that there is a proximate causal relation between the injury and disease in the line of duty, and it should be determined based on the average condition of education and training or in the performance of duty (see, etc.).

2) In light of the above legal principles, the following circumstances revealed by the above recognition that the plaintiff was disabled in the military, i.e., there was no room for the plaintiff to receive medical treatment at the hospital with respect to the left-hand shoulder of the military entrance, ii) since May 2009, the plaintiff was serving as a cooking bottle, and was receiving treatment on the left-hand shoulder of the kimchi house from August 3, 2009, and the remaining-hand shoulder of the hospital, and the remaining-hand shoulder of this case was seriously disabled in the line of duty. According to the above legal principles, the plaintiff was found to have been suffering from the disease of this case due to the disease of this case, i.e., the plaintiff was diagnosed as having been wounded in the line of duty, i.e., the plaintiff was suffering from the disease of this case due to the disease of this case, i., the disease of this case, e., the disease of this case, and the fact that the plaintiff was suffering from the disease of this case due to the disease of this case.

3) Therefore, the defendant's disposition of this case, which has different views, is unlawful, and the plaintiff's assertion is with merit.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

Judges Roster