보훈보상대상자 요건 비해당 결정처분 취소 청구
1. On July 19, 2016, the Defendant’s decision that the Plaintiff was not eligible for veteran’s compensation is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) entered the Army Training Center on February 4, 2013 and entered the same year.
4. The same year in which he/she was assigned to and served as a Class C driver of a medium-sized vehicle under the direct jurisdiction of the Second Operation Headquarters (hereinafter referred to as "affiliated") on 19.
8. 31. On the following day after hearing verbal abuse and bathing from a serious president on the ground that he/she drinks while going out of a work;
9. 1. At around 07:00, he/she was administered from the window of a living room of the third floor belonging to his/her 07:48 on the same day, and died due to the injury to the two wounds.
B. On April 2016, the Plaintiff, the mother of the Deceased, filed an application for registration of a person who rendered distinguished services to the Defendant, but the Defendant died during the performance of duties or education and training directly related to the national defense, etc. on July 19, 2016.
It is difficult to recognize that a person of distinguished service to the State or a person eligible for veteran's compensation (hereinafter referred to as "disposition of this case") was killed due to his/her direct cause, such as Mata, verbal abuse, or harshness in relation to the performance of his/her duties or education and training of the military (hereinafter referred to as "person of distinguished service to the State or a person eligible for veteran's compensation").
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (1) Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on Veterans’ Compensation”): “A soldier, police officer, or fire-fighting officer who died in the course of performing his/her duty or education and training not directly related to national defense or security, or the protection of people’s lives and property (including a person who died in a disease), but Article 2(1)1 and [Attachment 1] 15 [Attachment 1] of the Enforcement Decree of the Act on Veterans’ Compensation and Compensation (hereinafter “instant provision”) merely provides that “military personnel or a person who died in the course of performing his/her duty or education and training.”