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(영문) 부산지방법원 2017.11.22 2017구단20662

국가유공자유족비해당결정취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 3, 2004, the Plaintiff’s ASEAN (hereinafter “the deceased”) was trained on and around July 30, 2004, and was appointed as Staff Staff at the Army on and around July 30, 2004. On or around November 3, 2004, the Plaintiff’s ASEAN (hereinafter “the deceased”) was on and after being transferred to the 30th class of the 52nd class of the 30th class of the 52nd class of the 30th class of the 30th class of the 52nd class of the 19:53 on October 26, 2005, and was discovered after being sold to the 52nd class of the 19:53 unit of the goods warehouse belonging to the Plaintiff.

B. On July 12, 2012, the Plaintiff’s husband: (a) asserted that the Defendant died from suicide due to depression caused by an environmental cause caused by excessive concentration of duties; and (b) however, the Defendant applied for the registration of a person eligible for veteran’s compensation. However, on March 4, 2013, the Defendant decided that D does not fall under the requirements of Article 2(1)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”) for the reason that proximate causal relationship between the deceased’s death and his/her military duty cannot be recognized; and (c) the requirements of Article 4(1)5 of the Act on the Support of Persons, etc. of Distinguished Services to the State and the Persons Eligible for Veteran’s Veteran’

(hereinafter “instant No. 1 Disposition”). (c)

D filed a lawsuit seeking the revocation of the instant first disposition (Seoul District Court 2013Guhap110, Jun. 13, 2014), but Busan District Court rendered a judgment dismissing the Plaintiff’s claim on the ground that there is no proximate causal relation between the deceased’s performance of work and the death caused by suicide, and the said judgment became final and conclusive.

On December 24, 2015, E, who is the deceased, filed a request for review of the death on duty with the Ministry of National Defense, and the Minister of National Defense decided on December 15, 2016 as a soldier or policeman who died on duty after deliberation by the Central Major Death Review Committee.

E. The plaintiff applies again to the defendant for registration of bereaved family members.