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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The plaintiff entered the Army on October 13, 2003 and was discharged from military service on October 12, 2005.
B. On June 19, 2012, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the grounds that the occurrence of two earies and pathal pathal ties (hereinafter “instant wounds”) occurred in the course of undergoing the military training after entering the military.
C. On November 13, 2012, the Defendant rendered a non-conformity of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that there is no objective evidence to acknowledge that the instant injury was caused or aggravated due to the performance of military duties against the Plaintiff.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 2 and 8, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was diagnosed as the instant disability through the medical examination and treatment of a private hospital and a military hospital because he/she was unable to return home well even after he/she received shooting training after entering the Gun without any defect in the ability of care.
Therefore, even though the instant difference has deteriorated above the development and nature of the military due to the performance of official duties, the instant disposition was unlawful on a different premise.
(b) Determination 1) Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including diseases in line of duty during education and training or in line of duty.
"In order to be applicable, there should be a proximate causal relationship between education and training, performance of duties and injury or disease, and the existence of a proximate causal relationship should be proved by the assertion of such proximate causal relationship. It is not necessarily necessary to clearly prove medical or natural science, but it is proved that there is a proximate causal relationship between education and training, performance of duties and injury or disease when considering all the circumstances.
(c).