1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Details of the disposition

This part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the part concerning the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited by Article 8(2) of the Administrative Litigation Act and the main sentence

It shall be as shown in the attached Form of the relevant statutes.

The court's explanation about this part of the judgment of the defendant's main defense is identical to that of Paragraph 3 of Article 8 of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The Plaintiff asserted as to the legitimacy of the instant disposition was constantly exposed to noise generated from total coal emission during the course of shooting training at the time of the instant training and caused the instant injury and disease.

In other words, the injury and disease in this case occurred due to education and training directly related to the national defense and security or the protection of the lives and property of the people. Thus, the plaintiff constitutes a person of distinguished service to the State under Article 4 (1) 6 of the Act on Persons of Distinguished Service to the State.

Judgment

Unlike the former Act on Persons of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 2011; hereinafter “former Act on Persons of Distinguished Services to the State”), Article 4(1)6 of the Act on Persons of Distinguished Services to the State provides that “A soldier, police officer, or fire-fighting official who was discharged from military service or retired from military service by suffering from wounds in the performance of duties or education and training directly related to national defense, security, or the protection of the lives and property of the people (including diseases) and whose degree of disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs shall be determined as one of the persons of distinguished services to the State, and that the nature of such duties or education and training shall be directly related to national defense,

Unlike this, the protection and security of the state is guaranteed.