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(영문) 대전지방법원 2016.10.27 2016구단100517

국가유공자등록 거부처분 등 취소 청구

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1. On April 12, 2016, the decision that the Defendant rendered against the Plaintiff was revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s child B (C students; hereinafter “the deceased”) entered the police administration department of the D University and closed the school after completing a semester. On September 13, 2007, the Plaintiff’s child was admitted to the Seosan Training Center and was trained at the Chungcheong Police School. On November 2, 2007, the Plaintiff was assigned to the E police station guard traffic and traffic extra-traffic (grade police officer) on November 11:30 on November 6, 2007, and went away from the military unit on November 12: 19, 2007, and was killed on the corridor of 15th floor of the 15th floor of the Mapo-dong building of the Mapo-dong.

B. On December 20, 2007, the Plaintiff filed an administrative appeal with the Defendant on the ground that it is difficult to recognize a proximate causal relation with the deceased’s death and performance of military duties on the ground that it was determined by the Defendant as bereaved family members of the deceased, and the Defendant was dismissed on June 10, 2008, and the claim for administrative appeal was dismissed on November 18, 2008, and filed a lawsuit against the Suwon District Court on November 19, 2008 (2008Gudan5920), but on November 19, 2010, the above court failed to adapt well to the new environment such as internal work after the separation of the deceased, and appears to have caused suicide due to stress. The above judgment became final and conclusive on the ground that it is difficult to view that the deceased’s suicide was committed in a state where free will was completely excluded from the free will due to mental illness such as harsh treatment of the appointed soldiers or depression caused thereby.

C. On April 17, 2012, the Plaintiff and its wife H and I filed a claim for damages with the Seoul Central District Court (2010Gahap11280). On April 17, 2012, it is recognized that there was a proximate causal relation between the Plaintiff and his wife’s wrongful personality infringement act and his supervisor’s negligence in managing police station employees and the deceased’s death. However, the judgment on the part of the deceased’s claim was determined as 80%, and the above judgment became final and conclusive thereafter.

The plaintiff.