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A court has ruled that ex-firefighters who have worked for 37 years and retired due to a rare disease should be recognized as nationals of merit.
Although the cause of the outbreak has not been found, the court's basis is that there is a certain relationship between the performance of official duties and the outbreak.
The Daegu High Court Administrative Division 1 (Chief Judge Kim Tae-hyeon) broke the lower court ruling that the plaintiff lost the case in the appeals court for 'cancellation of the decision not to comply with the national merit requirement' filed by Mr. A, who retired after serving as a firefighter, against the head of the Daegu Regional Veterans Affairs Office. It was announced yesterday (22nd) that the verdict was won.
Mr. A, who was appointed as a firefighter in 1977, was active in the field of fires and disasters. In 2004, he was diagnosed with cerebellar atrophy.
Mr. A was active as a firefighter even after getting ill, but it is known that he collapsed while on a night shift in 2014 and was no longer able to work, so he retired honourably.
After retirement, Mr. A filed an application for national merit registration with the Daegu Veterans Administration, claiming that he became ill while working in an environment that was repeatedly exposed to toxic substances such as fire sites in the 1970s and 1980s, when firefighting equipment was poor.
However, the Daegu Veterans Administration is known to have made a decision not to join the National Merited Army (military and police officer), saying, "It is difficult to see that job performance or education and training is the direct cause of the outbreak." Instead, it was notified that Mr. A is not a national meritorious person but a veteran (disaster wounded military police officer).
At the trial, Mr. A said, "He was from the Marines and was very healthy until he was appointed as a public servant. As there is no family history or genetic cause, the disease was caused by prolonged exposure to harmful substances at the scene of a fire." The Daegu Veterans Administration's decision is illegal."
The court said, "We could not find the cause of A's cerebellar atrophy, but considering the fact that there is no genetic predisposition or family history and environmental factors such as inhalation of harmful substances are presumed to be the cause, the plaintiff's performance of official duties and the onset of the disease It is considered that there is a significant causal relationship between The judgment of the first instance was unfair and should be withdrawn.”
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