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(영문) 부산고등법원(창원) 2015.05.13 2014누11024

국가유공자요건비해당결정취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) was drafted into the Army on September 2, 1952, and was discharged from military service on October 26, 1953.

On January 30, 1954, the deceased returned to the Army as Second Lieutenant, and served as D, N, etc. from June 10, 1954, and discharged on June 30, 1963.

The Deceased died on March 27, 1975.

B. The plaintiff completed the marriage report on January 26, 1949 with the deceased.

The Plaintiff and the Deceased had their children E (F)(H), G (H), I (J) and K (L).

C. On July 2, 2013, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State on the ground that the Deceased died of pulmonary tuberculosis that occurred while serving in the military (hereinafter “instant wounds”).

On September 11, 2013, the Board of Patriots and Veterans decided that the deceased does not meet the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation, and on September 17, 2013, the Defendant rendered a decision on the non-conformity of the requirements for persons who have rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s performance of official

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9, 10 evidence, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant disposition asserted by the Plaintiff is unlawful for the following reasons.

1) The Deceased, as D, was in charge of the smoke delivery service, was exposed to the risks of inhaled coal dust, and the Yang-gu, Gangwon-do, where the Deceased worked, was bound to inhale a considerable amount of dust in the transport service. At that time, the Deceased had a significant risk of being exposed to respiratory diseases by ordering the entire transport service as M. (2) Accordingly, the disease in this case occurred directly or repeatedly due to the direct cause of the performance of the duties of repairing, transporting, and managing munitions, such as equipment, materials, etc., and caused the occurrence of the disease, or the occurrence of the harmful or harmful environment for a considerable period of time.

3. In addition, the Deceased.