국가유공자요건비해당결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 6, 2012, the Plaintiff’s son B (hereinafter “the deceased”) entered the Army as a private soldier on March 6, 2012, and transferred to the Army as one of the five joint units D of the 7th Assistant Soldiers Group 5 of the Army on May 10, 2012, and committed suicide on June 14, 2012 in a military unit’s toilets.
B. On December 11, 2012, the Army Headquarters Special Death Review Committee decided the death of the deceased as “general death”.
C. On January 14, 2013, the Plaintiff filed an application for registration with the Chuncheon Veterans Administration, but the head of Chuncheon Veterans Administration decided on April 10, 2013 as follows.
- As a result of the deliberation and resolution of the Patriots and Veterans Entitlement, the deceased was not recognized to be dead during the performance of duties or education and training directly related to the protection of people's life and property, and thus constitutes a non-conformity of the requirements for persons who died on duty under Article 4 (1) 5 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter "Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State"). However, it is confirmed to fall under Article 2 (1) 1 of the Act on Support for Persons Eligible for Veteran's Compensation (hereinafter
B. The Plaintiff
On November 19, 2014, the Ministry of National Defense filed an application for reexamination of the classification of death to the effect that the death of the deceased was changed to his/her death on duty on November 19, 2014, but the Central Major Death Review Committee of the Ministry of National Defense dismissed the Plaintiff’s application on November 25, 2015.
E. The Plaintiff is above D with the Seoul Administrative Court on November 15, 2016.
A lawsuit was filed to seek revocation of the rejection decision of the re-examination.
On June 22, 2017, the Seoul Administrative Court can be deemed that the deceased died by self-injury as a direct cause of sabomba bomba or occupational duties in relation to performance of duties or education and training. As such, the deceased’s death is subject to Article 54-2(1)2(c) of the Military Personnel Management Act.