1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2.Nos. 3, 10 to 18, the third side of the garment or addition shall be applied as follows:

1) First, we examine the legitimacy of the disposition of non-competent persons of distinguished service to the State (the State’s claim).

In full view of the provisions of Article 4(1)6 and (2) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”), and Article 3(1)4 and attached Table 1 of the Enforcement Decree of the Act on the Persons, etc. of Distinguished Services to the State, “the direct cause relationship” necessary to be recognized as a soldier or policeman on duty under the Act on the Persons, etc. of Distinguished Services to the State is insufficient to simply have a proximate causal relation between the performance of duties, education and training, or the death or wound, and it is reasonable to view that the death or wound should be the main cause

(see, e.g., Supreme Court Decisions 2014Du42896, Aug. 18, 2016; 2014Du46034, Aug. 30, 2016). However, inasmuch as there is no evidence to deem that the Plaintiff’s instant disability directly related to the protection, etc. of the said country was the primary reason for the performance of duties or education and training, this part of the allegation that the Plaintiff satisfies the requirements for persons who rendered distinguished services to the State is without merit.

In light of the 3rd 19th 19th "(2) of the above legal principles, the "Health Team" shall be applied to this case as follows.

2) Next, we examine the legality of the disposition taken to determine whether a person eligible for veteran's compensation is legitimate (preliminary claim).

Act on December 22, 2015, on Support for Persons Eligible for Veteran's Compensation.