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(영문) 부산지방법원 2014.04.24 2013구합3260

국가유공자요건비해당결정취소

Text

1. The Defendant’s disposition against the Plaintiff on August 16, 2013, which fell under the category of bereaved family members of a person who rendered distinguished services to the State, shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) joined the army on April 29, 1987 and transferred to the Army as the 71st unit of the 25th Team of the Army on June 16, 1987, and served in C, as the 71st unit of the 71st group of the 25th group of the Army on June 16, 1987.

8. Around 23. 06:45, at the 118 At the 118 Seocho-gu District Court where a person was working on a boundary duty, he/she committed suicide by hiding the G-2 small gun in a reed forest with approximately 150 meters away from the 118 Seocho-gu District Court, where he/she had a pipe, using a pipe in which he/she was living in a mountain with about 50 meters away from the 118 Seocho-gu District Court.

B. On August 22, 2001, the Plaintiff, the father of the deceased, applied for registration as bereaved family members of a person of distinguished service to the State, but was subject to a disposition equivalent to the requirements for persons of distinguished service to the State at that time, and applied for re-registration as bereaved family members on May 24, 2013

C. Accordingly, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant rendered on August 16, 2013 a disposition that fell under the requirement for bereaved family members of a person of distinguished services to the Plaintiff on the ground that “the deceased was faced with an improper situation, such as his/her duties specially advanced 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 in order to escape from the illegal situation, such as harsh acts in relation to his/her duties or education and training, etc., which are directly related to the national defense, etc., or was dead during military duties or education and training, or that he/she was dead as a direct cause of elry, verbal abuse, or harsh acts related to military duties and education and training, etc., and thus does not constitute the requirement for bereaved family members of a person of distinguished services to the State (hereinafter “instant disposition”).

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

2. Whether the instant disposition is lawful

A. The plaintiff.