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(영문) 전주지방법원 2012.01.17 2011구합1358

국가유공자요건비대상처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 1, 200, the deceased B (CB; hereinafter “the deceased”) was appointed as a civilian military employee and served as the unit commander of the reserve forces belonging to the 35th Team D (hereinafter “instant unit”) in the Army, and was appointed as the unit commander of the E-Reserve Forces affiliated with the instant unit from January 1, 2010, and died on May 11, 2010, G Hospital located in the FG Hospital (hereinafter “the instant hospital”).

B. On November 5, 2010, the Plaintiff, the deceased’s spouse, asserted that the deceased constituted a public official who died on duty under 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 a person who has rendered distinguished services to the State. However, on December 21, 2010, the Defendant notified the Defendant of a non-conformity of the requirements for registration on the ground that “It is difficult to recognize the relationship with public duties with the mental illness occurring without any special injury, such as double damage related to official duties. There is no objective proof to prove that the deceased was faced with an excessive stress situation to the extent that it is difficult for the deceased to decrease at the time of his death. Therefore, the deceased’s death constitutes self-injury under Article 4(6)4 of the Act on Persons of Distinguished Services to the State, and thus cannot be recognized as a public official who died on duty as prescribed in Article 4(1)

C. As to this, the Plaintiff’s name of the deceased’s disease is “the depression of serious symptoms without any mental symptoms,” which was notified by the Defendant.

In relation to the determination of paragraph, the name of the deceased was mistakenly stated as “the depression of severe symptoms with mental symptoms” and requested the defendant to review the requirements for persons who have rendered distinguished services to the deceased.

However, on March 18, 2011, the Defendant was diagnosed as “the depression of serious symptoms without any mental symptoms” by the Deceased.

Even if there is a change in special circumstances to reverse the existing decision.