국가유공자 등록 거부처분 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 29, 1979, the deceased B (hereinafter “the deceased”) was found to be dead while serving in the Army on May 29, 1979 while serving in the Army, and on November 27, 1980.
B. On September 28, 2017, the Plaintiff, the father of the deceased, is entitled to the application for registration of a person who has rendered distinguished services to the deceased (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State to the Defendant
) A person eligible for veteran’s compensation is deemed to have filed for registration together in accordance with Article 4(2).
C. On January 2, 2018, the Defendant confirmed that the record of bullying, etc. was not confirmed on the ground that the deceased was subject to bullying, harsh treatment, verbal abuse, etc. or transferred from other units in the course of the investigation by the 2008 Military Examination Committee of the Investigation Headquarters of the Ministry of National Defense in 2016, and that the deceased was forced to bullying, etc., and that the deceased was forced by her ties with women’s ties. Such fact can be presumed as a major cause for the deceased’s ties of self-injury. On the other hand, it can be presumed that the deceased was able to be presumed that the deceased was able to carry out a special excessive job beyond the scope of general military service, or that there was no objective circumstance that the deceased was suffering from physical or mental stress environment difficult to understand, on the ground that the deceased’s death does not meet the requirements for persons who have rendered distinguished service to the State and the persons who have rendered distinguished service to the State.”
[The facts that there is no dispute over the basis for recognition, Gap evidence No. 4, Eul evidence No. 1, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Army Chief of Staff notified that the deceased’s death constitutes a death on duty under the Military Personnel Management Act.