국가유공자요건비해당결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the father of the deceased B (hereinafter “the deceased”), and on August 29, 2006, the deceased entered the Army and agreed that he will get a toilet from the affiliated administrative team around 12:50 on March 12, 2007, and then, around 13:10 on the same day, the deceased was dead due to brain damage, etc. around 11:43 on March 26, 2007, when he discovered that the deceased was sprinked by sprinking the sprinks by using strings and sprinks, and received treatment after being transmitted to the hospital.
B. On August 30, 2017, the Plaintiff filed an application for registration as a bereaved family member of a person who has rendered distinguished services to the State. On November 16, 2017, the Board of Patriots and Veterans Entitlement decided that the deceased falls under the requirements of Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and that he/she meets the requirements of Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation. In the same purport, the Defendant notified that “the deceased falls under the requirements of a person of distinguished services to the State” (hereinafter “instant disposition”) and “the deceased falls under the category of a person of distinguished services to the State.”
C. The Plaintiff appealed and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 21, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, 9, Eul evidence 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The deceased alleged as having died in the course of performing his duties, and thus constitutes a person of distinguished service to the State (the deceased and wounded in the line of duty) instead of a person eligible for veteran’s compensation (
Therefore, the instant disposition, which was made on a different premise, should be revoked as it is unlawful.
(b) Fact-finding 1) Affiliation with a confirmation of facts pertaining to the requirements for persons who have rendered distinguished services to the State: The place of death in the 102 Assistant Soldiers: The military police commander of the military police unit of the 6317 military police unit replyed to the data requested on August 29, 2006, and on March 26, 2007, respectively;