유족 보훈급여금 소급지급 이행 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Case history
A. On August 29, 2006, the Plaintiff (B students; hereinafter “the deceased”) entered the Army on August 29, 2006, and served as an operational chemical disease (administrative disease) in the two major Exs of the 102 Assistant Soldiers on October 11, 2006.
Around 12:50 on March 12, 2007, the deceased agreed that a toilet would be cut to a sick and wounded person F, and then attempted suicide at the upper end of the toilet door frame with strings. At around 13:10, the deceased was discovered from a sick and wounded person G, and was transferred to a H hospital, and was hospitalized on March 26, 2007, but died due to brain damage, etc. on March 11:43, 2007.
B. On July 27, 2017, the Central Review Committee of the Ministry of National Defense issued a death certificate to the Plaintiff that the deceased died on duty (III) on August 17, 2017.
C. On August 30, 2017, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the deceased pursuant to Article 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), and filed an application for registration of his/her mother, I, and bereaved family with respect to the Plaintiff.
The head of the Gwangju Regional Veterans Administration decided and registered the deceased as a person eligible for veteran's compensation under the Act on Support for Persons Eligible for Veteran's Compensation (hereinafter referred to as the "Act on Persons Eligible for Veteran's Compensation") and notified the plaintiff on December 11, 2017, according to the result of the deliberation of the Patriots and Veterans Entitlement Deliberation Committee that "the deceased does not meet the requirements of Article 4 (1) 5 of the Act on Persons of Distinguished Service to the State and meets the requirements of Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran's Compensation."
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 3 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion Articles 11, 39, and 75 of the Constitution, and the Veterans Compensationer Act.