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(영문) 서울고등법원 2019.10.22 2019누36218

국가유공자 및 보훈보상대상자 요건 비해당 처분 취소 청구

Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The Defendant limited to the Plaintiff on March 7, 2017.

Reasons

1. Each description of evidence 1, 2, 3, and 1 through 4 (including all types of numbers; hereinafter the same shall apply), and the purport of the whole pleadings, as the whole, of evidence 【Evidences 1, 2, and 3;

A. On April 1, 1982, the Plaintiff’s husband entered the lower company, and served as C Staff Staff, D Staff Staff, E office, E office, F office, G, etc. on the following grounds: (a) on September 1, 2006, the Plaintiff’s husband was promoted to the lower court; and (b) on March 23, 2015, the air force HH special flight vehicle process control officer, the Plaintiff’s husband was serving as C Staff staff, D Staff staff, E office, F office, and G, and there was symptoms that the horses are divided into a kibb training period and the horses.

B. On April 5, 2015, the Deceased was diagnosed as cerebral typosis at the National Armed Forces Waterworks Hospital on April 15, 2015, and was hospitalized in the Seoul Metropolitan Government Hospital on June 24, 2015, and died on July 3, 2015.

C. On July 29, 2015, the Plaintiff filed an application for registration of a person of distinguished service to the State on the ground that the deceased constituted “persons who died on duty” under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”), but was notified on January 8, 2016 that the deceased did not meet the requirements for a person of distinguished service to the State or a person eligible for veteran’s compensation. On February 4, 2016, the Plaintiff filed an objection against this and filed an objection, but on April 29, 2016, received notification of non-conformity.

On the other hand, the Plaintiff applied for a survivors' pension for public officials who died on duty at the Military Pension Corporation, but was notified of the decision to pay the survivors' pension on November 13, 2015, and the decision was revoked by the Military Pension Benefits Review Committee on July 8, 2016 and was brought into the Plaintiff's application for a survivors' pension for public officials who died on duty.

E. On September 1, 2016, the Plaintiff filed an application for registration of a person of distinguished service to the Defendant on the ground that he/she constitutes a soldier or policeman who died on duty. However, on March 7, 2017, the Plaintiff was notified by the Defendant that he/she does not meet the requirements for a person of distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”). On May 26, 2017, the Plaintiff lodged an administrative appeal.