국가유공자등록 거부처분등 취소
1. On January 16, 2014, the decision that the Defendant rendered against the Plaintiff on January 16, 2014 was revoked.
2...
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) committed suicide with firearms on October 18, 2006 while serving in the Army as sick on August 25, 2005.
B. On October 16, 2013, the deceased’s mother-friendly Plaintiff applied for registration of a soldier or policeman who died on duty, but the Defendant rendered a disposition on January 16, 2014 on the ground that “the deceased died while performing military duties or education and training directly related to the national defense, etc., or is not recognized as having died due to the direct cause of the military duties and education and training, etc.” against the Plaintiff, the Defendant rendered a disposition equivalent to the requirements for persons who rendered distinguished services to the State or persons eligible for veteran’s compensation.
C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on September 2, 2014.
【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion, the family environment, and the petacy are difficult to be considered as the cause of suicide of the deceased, and a superior’s severe desire and care, etc. led the deceased to commit suicide with considerable pressure and stress. Therefore, there is a proximate causal relation between the deceased’s official duties and suicide.
B. (1) In order to fall under the category of a person of distinguished service to the State (A) under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, there should be a proximate causal relationship between the performance of duties or education and training, and the performance of duties or education and training should be directly related to the protection of national defense, security, or the lives and property of the people. The burden of proof
(B) The Plaintiff’s assertion alone is difficult to view that the Deceased died due to the performance of duties or education and training directly related to national defense and security or the protection of the lives and property of the people.