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(영문) 부산고등법원 2014.10.01 2014누20773

국가유공자요건비해당결정취소

Text

1. The judgment of the court of first instance is modified as follows.

The defendant's compensation claims against the plaintiff on August 16, 2013.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter referred to as “the deceased”) entered the military on April 29, 1987 and transferred to C on June 16, 1987 between the 71st and the 71st to the 71st two of the 25th Army on June 16, 1987, and served in C; and

8. Around 23. 06:45, at the 118 At the 118 Seocho-gu, where a person was working on a boundary duty, he committed suicide by hiding the G-2 small gun at the 118 Seocho-gu, with a pipe cresh, which was hidden in a reed forest with approximately approximately 150 meters away from the above 118 Seocho-gu, with a pipe cresh.

B. On August 22, 2001, the Plaintiff, the father of the deceased, applied for the registration of bereaved family members of persons who have rendered distinguished services to the State to the Defendant, but was subject to a disposition equivalent to the requirements for persons who have rendered distinguished services to the State at that time, and applied for the re-registration of bereaved family members of the next person

C. Accordingly, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant rendered on August 16, 2013 a disposition against the Plaintiff meeting the requirements for persons of distinguished services to the State and persons of distinguished services to the State (hereinafter “instant disposition”) on the ground that “the deceased was placed in an improper situation, such as performing his/her duties in a special working environment compared to other fellows, or there are no circumstances to deem that he/she had no choice to choose suicide on his/her own to get out of the illegal circumstances, such as harsh acts in relation to his/her duties or education and training, etc., which are directly related to the national defense, or died during military duties or education and training, or because he/she was not recognized as having directly caused typrying, verbal abuse, or harsh acts related to military duties and education and training.”

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff.