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(영문) 수원지방법원 2021.01.27 2019구단7175

국가유공자요건비해당결정취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. B was killed on April 27, 2017 while serving as First Lieutenant on November 10, 2009, while serving as First Lieutenant on the Army, and the private person was “emergency funeral service according to the acute vision.”

B. The Plaintiff, who is the mother of the deceased B (hereinafter “the Deceased”), died due to the occurrence or aggravation of a disease due to a cause equivalent to the deceased’s official duties, such as performance of military duties or education and training.

The defendant filed an application for the registration of bereaved family members of the State with merit.

(c)

After the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on February 11, 2019 against the Plaintiff on the grounds that it is difficult to recognize the deceased’s death during the performance of military duties or education and training directly related to national defense, etc., or that it is difficult to recognize the relationship between the deceased’s death and the deceased’s performance of military duties or education and training (hereinafter “disposition in this case”).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 10, 11, 12, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the deceased did not suffer from a serious young men who were 30 years of age at the time of his death, and there was no physical disease that could lead to the risk of death due to acute scarcitys.

The deceased worked for more than 4 months immediately before the death, and the deceased worked for 17 days in the month of death, and served for more than 31 hours in total, and was under serious stress due to long-term selection, etc.

In addition, on April 26, 2017, the day before the death day, the unit decision-making activities were led for 30 minutes and more, and the unit decision-making activities were participated in the meeting of 3 hours and more without break time.

In the end, the deceased’s overwork and stress, the short-term activities on the day before death, and the revolving health.

The deceased's death is caused by acute distress to the deceased, or rapidly aggravated beyond the natural transitional speed.