보훈보상대상자 요건 비해당 결정처분 취소 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the judgment of the court of first instance as to this case is as stated in the reasoning for the judgment of the court of first instance, except for the following additional or partial dismissal of the reasons for the judgment, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
【추가하거나 고쳐 쓰는 부분】 ◆ 제6쪽 제17행의 “ 한 사실” 다음에 “, ⑨ 망인에게 고함을 치며 폭언을 한 중대장이 2013. 12. 19. 망인에게 언어폭력을 행사하였다는 등의 징계사유로 감봉 1월의 징계처분을 받은 사실”을 추가함. ◆ 제7쪽 제13행의 “ 종합하여 보면,” 다음부터 같은 쪽 제16행까지 부분을 아래와 같이 고쳐
A. In light of the above legal principles, it is reasonable to deem that the deceased’s act meets the requirement of “a state in which free will is excluded” under the provision of this case where free will is considerably limited from a normative perspective, inasmuch as it is recognized that the deceased’s act cannot be evaluated as self-injury in a state where free will is sufficiently excluded from the free will due to the direct cause of verbal abuse, abusive language, or cruel act, etc. related to performance of duties or education and training as a soldier or a person serving compulsory service, and thus, he/she could have tried to commit suicide after hearing verbal abuse, 20 minutes from the company immediately preceding the death day before the rapid death day.”
2. The plaintiff's claim of this case should be accepted, and the judgment of the court of first instance is just in conclusion.
Therefore, it is true.