2014Nu22977. Revocation of a disposition not equivalent to the requirements of persons of distinguished service to the State

A

Head of Ulsan National Veterans Organization

Ulsan District Court Decision 2013Guhap516 Decided October 23, 2014

April 20, 2016

May 25, 2016

1. Revocation of a judgment of the first instance;

2. The decision that the Defendant rendered on December 12, 2012 to the Plaintiff constituted non-conformity with the requirements of a person of distinguished service to the State shall be revoked.

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

The same shall apply to the order.

1. Details of the disposition;

This Court's decision is based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, as it is based on the reasoning of the judgment of the court of first instance.

2. Whether the instant disposition is lawful

This Court's reasoning concerning this part is identical to the corresponding part of the judgment of the court of first instance, except for the following parts of "the legitimacy of the disposition of this case" in the judgment of the court of first instance and "the legitimacy of the disposition of this case". Thus, this Court shall accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420

[Supplementary Use]

The third part of the judgment of the court of first instance, "(C. 2)", shall be followed as follows.

“2) The statement of opinion of the private hospital (D) and C hospital, and the certificate of medical treatment.

A) Certificate of Medical Treatment with Daehan on April 3, 2015

- Sick : Sazines and tensions;

- Implementation on April 29, 2010, May 4, 2010, such as pain therapy, self-harm therapy, anti-harmaculism, etc. for a total of two days.

B) Written opinion of C Hospital dated July 23, 2010

- Diagnosis : Sponsor; - Theropical marropical marropicals on the right side; marropicals on the outer side; and bropicals

- On July 23, 2010, the radiation and precision testing is being conducted, injection and preservation treatment, and the need for stability and medical treatment and future observation for five weeks in the future.

C) Written opinion of C Hospital dated February 8, 2013

- Diagnosis : damage to the aggregate from the outer side of the body after the math of the math, and the deformation of the math of the maths

-at present, the surgery of the external side breath of the brusium is in a state where the symptoms might worsen, and the surgery, physical therapy and rehabilitation may be necessary. It is necessary to observe the progress, and re-evaluation is required for the brusium and the unexplication of the brusium.

○ 3rd of the first instance judgment, “(c)(3) of the first instance judgment,” and “(4)(A) of the first instance judgment,” shall be added to the following:

【3) The Plaintiff was hospitalized at the Armed Forces Hospital for the Armed Forces from October 18, 2010 to October 20, 201, when he was serving in the military due to the instant wounds, at the stage of the 3rd Team of the 28th Team of the Army on May 28, 2010, and from October 18, 201 to April 19, 201, and from August 25, 201 to October 20, 201. The main contents of the beds are as follows:

A) The right-hand part

(1) The stage medical records of an association

- On May 28, 2010: (In the case of (in the case of free-to-face calendar), the (in the case of free-to-face calendar), the right-to-hand kne-free kne-free kne-free kne-free kne-free kne-free, (in the case of

- As of June 3, 2010: (Nyn's calendar) GOP work, after one month, ATFL also hn't.

(c) (Initial Diagnosis) The (Haccination) the right-to-hand typhoid, the knatitis, the right-to-hand base salt, the school wave, the flatum, the important fact fact-finding, the electric polar therapy, the megadic therapy, and the Acl

○ The following facts are added to Section 8(4)(C) of the first instance judgment:

d) Results of commissioning the examination of medical records to the East Asian University Hospital by this Court.

○ Hashes Hashes Hashes

- In general, the cause of the non-alleys generally did not attach a towing frame at the end of the non-alleys; ② the non-alleys of the non-alleys of the non-alleys; ③ the non-alleys of the non-alleys of the non-alleys of the non-alleys of the non-alleys; ③ the non-alleys of the non-alleys of the non-alleys of the non-alleys of the three cases

- There is almost little injury to the adjacent human body or organization on their own.

In feed, there are symptoms after the occurrence of small external history, and feed.

- The plaintiff is deemed to have been able to lead a normal life even if the plaintiff was frighten.

○ In relation to wounds arising around April 2010

- It is not visible from the RoI image of July 23, 2010 that the acute trauma cannot be shown.

- The occurrence of the instant injury is due to the shooting of 3 months only after the instant injury occurred.

- There is a possibility that the disease has been developed into a non-alleys due to an accident on April 19, 2010.

- On April 19, 2010, while at night boundary service, it can be seen that a plucking, plucking, or plucking, of a steel line, has aggravated rapidly above the natural progress speed due to an accident.

○ In relation to wounds arising around September 2010

- The Plaintiff, on October 5, 201, received an external druplicating duplicating, alley duplicating duplicating, etc. on the ground of inconvenience caused by the pain of the left-hand dupant duplicing, the duplicating duplicating

- In general, it cannot be known to the extent that there is a possibility of contact with the other shots, in the event that an auxiliary device is worn for at least one month and the stairs should be patroled daily by iron straws.

However, if the right is not fully good, it is sufficient to find the probability that the load was lower than the left-hand part if it is not so.

- a daily number of vehicles while working on the GOP boundary while wearing an auxiliary device for the right-hand part;

It is believed that the activity of breaking the stairs has caused the excess of the left-hand edges, thereby causing the outbreak of the injury 2 in this case or the rapid weakening of the natural speed above the natural progress speed.

- During the GOP boundary service, 'the instant wound 2' has been caused by an accident that frequently emblings during their daily activities, and as 'the instant wound 2' has been concentrated on the left-hand trees during the patrol, it can be seen that the instant accident 2 has been caused rapidly above the natural speed or beyond the natural driving speed.

○ In the 8th judgment of the first instance, the part “ [based grounds for recognition] shall be added as follows:

The result of the request for each of the medical records appraisal to the Incheon National University Hospital in the first instance court, and the East National University Hospital in the absence of dispute, the evidence Nos. 3, the evidence Nos. 5 through 12 (including the number of branches), the evidence Nos. 1, 3, 4, and 5, the evidence No. 1, 3, 4, and 5, the evidence No. 1, 3,

As a result of the entrustment of the examination of medical records to the East Asia University Hospital, the purport of the entire pleadings.

○ From 8 to 10 pages of the judgment of the first instance, the part “A.D. judgment” shall be followed as follows.

"D. Determination"

1) "A soldier or police officer wounded or disabled while on duty (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 Services to the State (amended by Act No. 11041, Sep. 15, 201) means that a soldier or police officer wounded or ill in the course of education and training or on duty. Therefore, in order to become different from the above provision, there should be proximate causal relation between education and training or on duty and the injury or disease, and the causal relation between the soldier's injury and the injury should be proved by the assertion. However, such causal relation does not necessarily have to be proved clearly in medical and natural science, and considering various circumstances, it should be deemed that there is a proximate causal relation between education and training or on duty, or between the injury and the disease and the injury or disease. In addition, the determination of causal relation should be based on the average injury and on the condition of education and training or on the average injury or disease in question (see, e.g., Supreme Court Decision 2067Du67.

2) In light of the above legal principles, in full view of the following circumstances that can be seen by taking into account the facts acknowledged as above, and the purport of the entire argument, the difference in this case can be inferred that the plaintiff continued to work without proper treatment, such as having been inflicted on both sides while entering the Gun and performing training or duties, or that the existing disease has rapidly aggravated above the natural progress speed. Thus, it is reasonable to deem that there exists a proximate causal relation between the difference in this case of the plaintiff and the plaintiff's duty, etc.

① In addition, the Plaintiff did not have any history of being treated as an injury or disease related to the pre-entry wound, and completed a new path training without any specific completion in a physical examination, and was normally engaged in military service on or around April 2010 until the right-hand tree is transferred.

② According to the result of this Court’s entrustment of appraisal of medical records at the East Asia University Hospital, the Plaintiff

In the case of the accident, it is difficult to find out the accurate cause of the non-aggravating aggregate, but even if there was a congenital unaggravating aggregate to the plaintiff, it seems that the plaintiff could have been able to live a normal life before the accident occurred on April 19, 2010, and there is a medical opinion that the accident is likely to have developed from the disease to the non-aggravating aggregate or rapidly aggravated at the natural speed.

③ On April 2010, the Plaintiff, while wearing a auxiliary device on the right-hand side due to an accident, shall wear a wire.

From September 2010, an accident was repeated in which the left-hand booming down of the boomed from around September 2010. According to the result of the request for the examination of medical records to the East Asia University Hospital, there is a medical opinion suggesting that there is a possibility that the activity of breaking the stairs several times every day while carrying out the gOP boundary duty under the condition of wearing the auxiliary devices on the right-hand booming part of the left-hand part would result in the outbreak of the booming booming down to the left-hand part or the rapid aggravation of the natural progress speed.

④ On April 29, 2010, the day after 10 days from the accident that took place in stairs by patrol.

In addition, on May 4, 2010, a member of the DD received treatment as a salt pans and tensions, and from this perspective, the degree of injury at the time is insignificant. However, an association stage treatment on May 5, 2010 28.

According to the records, "Ne-gy's ability: it is written as "the right fe-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn's."

5. Non-affords observed at the Plaintiff’s satisfaction level, other than the normal bones.

As the bones existing in the military, it is known that frequent brutal flads are likely to cause damage to the surrounding people and unstable brutation of trees, and it falls under a congenital flads, but the symptoms were not significant before entering the military, resulting in the occurrence of an accident in the course of military service, which led to the need for an operation medical treatment.

④ In the event that a combination of the pelviss is damaged by external force, a combination of the parts damaged by the movement of the pelvis may sacrifies and cause pains therefrom. As such, all of the two injuries of the Plaintiff are generated during night-time boundary or during training, and the external strength of the pelviss has become more likely to have been sacrifies by external force.

7. The commander of the unit to which the plaintiff belongs (No. 80 volunteer corps) shall perform official duties in relation to the instant wounds.

It issued a certificate of illness in the line of duty.

3) Therefore, the Defendant’s disposition of this case, based on the premise that there is no proximate causal relation between the instant wounds and the Plaintiff’s performance of duties, etc., is unlawful.

3. Conclusion

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked, and the defendant's disposition of this case is revoked.

judges of the presiding judge;

Judges Park Jae-young

Judges Clinical Citizens