2013Gu Group 10118. Revocation of a decision that meets the requirements for persons of distinguished service to the State

Park Jong-s

Attorney Seo-dae et al., Counsel for the defendant-appellant

Head of Daegu Regional Veterans Administration

The libraryization of a litigation performer;

May 30, 2014

July 11, 2014

1. The Defendant’s decision that rendered against the Plaintiff on November 21, 2012 constituted a non-conformity of the requirements for a person of distinguished service to the State 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 December 20, 2010, the Plaintiff entered the Army on December 20, 2010, served as a Class A driver of the Armed Forces Security Command Section 1, and was discharged from military service on May 8, 2012.

B. At around 15:00 on January 25, 2012, the Plaintiff, while engaging in ice-free games during the battles Day, was involved in an accident where the right kne kne fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe

C. Accordingly, on November 21, 2012, the Defendant rendered a non-competent decision-making disposition against the Plaintiff on the ground that there was no opinion of damage to urgency on the part of the instant injury and that it was not recognized as an injury or disease related to performance of official duties in the military (hereinafter referred to as the “instant disposition”). The Defendant, on the ground that there was no dispute between the Plaintiff and the Plaintiff, was not recognized as an injury or disease related to performance of official duties in the military (hereinafter referred to as the “instant disposition”). The grounds for recognition, the entry of evidence Nos. 6, 7, and Nos. 1 and 5

A. The plaintiff's assertion

Although the Plaintiff was involved in the instant accident and caused the instant injury and disease, the Defendant’s disposition that did not recognize the causal relationship with the performance of his/her duties during the instant work branch and military service is unlawful.

(b) Fact of recognition;

(i) the status at the time of entry;

A) On March 6, 2010, the Plaintiff received medical treatment in the Dominium by Dominium as Dominium, knee’s knee’s knee’s knee, but according to the doctor’s opinions at the time, the above disease was a symptoms unrelated to the human fever of Dominium, as it complained of Dominium without any special credit or accident.

B) The Plaintiff entered the Plaintiff on December 20, 2010 in a state where there is no particular fault on the knee part, except for treatment due to minor diseases as seen above.

2) Circumstances and treatment process of the instant accident

A) Under the command of the commander of a unit who was on duty as a driver’s disease in the military unit under the command of the commander, the Plaintiff attempted to drive ice ice ice ice ice ice ice in the vicinity of the unit (a place where water is stored in a ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice ice in the size of the ice ice ice ice ice ice ice ice ice kne kne kne kne kne kne kne kne

B) On January 27, 2012 after the instant accident, the Plaintiff was sent to the Armed Forces Dong-dong Hospital, and was diagnosed as the result of the RoI shooting, and was performed on March 6, 2012 at the Ⅲ performance hospital located in the Seogu Seo-gu, Daegu, and was discharged from military service on May 8, 2012 after undergoing a medical examination.

3) Medical opinions

가) 이 법원의 신체감정의 (0) 대학교병원 정형외과) 원고에 대한 2012. 2. 2.자 MRI 영상에 우측 무릎 후방십자인대 파열의 소견이 보이나, 일반적으로 급성 후방십자인대 파열에 80% 이상 동반되는 대퇴골 후방과 경골 전방의 골멍 및 혈종 소견이 보이지 않고, 2012. 3. 5. Ⅲ◎ 병원에서 촬영한 스트레스 사진을 보면 경골의 후방전위가 보이지 않음.

○ The causes of knee-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-

The relationship between the accident and the injury and the injury and the injury and the injury and disease in the situation where the patient was not diagnosed at the time of damage to the injury to the injury and the injury and the injury and disease in the instant case may not be observed. However, from a medical point of view, the accident in the instant case where the Plaintiff caused knenee to the floor in the ice-gu Do, and the occurrence of the general next knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne knes are not in place, and it is difficult to recognize the causal relationship between the accident in the instant case and the injury and the disease in the instant case. However, it is difficult to determine that the causal relationship between the accident and the injury and the disease in the instant case before the occurrence of the injury and the possibility of the injury can not be excluded.

B) There is sufficient possibility that the instant injury may occur even in the event that the injury occurred due to the same circumstance as the instant accident.

At the time of the surgery against the plaintiff, there was an opinion suggesting that the plaintiff had a blood trace, blood species, etc., and these opinions can be observed from the disease of this case.0 The plaintiff showed the post-brisonion of the boom in the post-anesthesia examination.

However, according to the result of the operation, the injury and disease in this case is judged to be at least a number of months or days of credit, and the injury and disease in this case is determined to be a human wave that occurred due to credit between several months or days.

【인정근거】다툼 없는 사실, 갑 제2, 3, 6, 8, 10호증, 을 제3, 4, 8호증(가지번호 포함)의 각 기재, 이 법원의 O② 대학교병원장에 대한 신체감정촉탁결과 및 감정 보완촉탁 결과, 이 법원의 Ⅲ◎병원장에 대한 각 사실조회결과, 변론 전체의 취지다. 판단

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 Service to the State (amended by Act No. 11041, Sep. 15, 2011) refers to the injury or disease in the course of education and training or in the performance of duty (including a disease in the line of duty). Therefore, in order to become an injury as prescribed by the above provision, there should be 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 in medical and natural science, and in consideration of all the circumstances, it should be deemed that it has been proved even if there is a proximate causal relation between education and training or in the performance of duty and the injury or disease, and it should be determined based on the average condition of education and training or in the performance of duty (see, e.g., Supreme Court Decision 101Du1201, the injury or disease.).

Based on the above legal principles, the following circumstances, i.e., the accident of this case, which is reasonable to be seen by the above facts and evidence revealed by the above facts. ① The accident of this case, while ice ice ice ice ice ice ice ice, seems to have been highly shocked than that of kne ice ice ice ice ice ices. ② According to the medical care benefits of the National Health Insurance Corporation, the plaintiff was confirmed to have not received medical treatment related to the above knee kne tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye.

Therefore, the Defendant’s disposition of this case is unlawful on a different premise.

3. Conclusion

The plaintiff's claim of this case is justified and accepted.

Judges Park Jong-young