beta
(영문) 서울고등법원 2016.09.07 2015누70449

보훈보상대상자유족 등록처분 취소

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. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In order to constitute a soldier or policeman who died on duty as provided for in Article 4 (1) 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State for a supplementary judgment, the performance of duties or education and training which caused the wounds shall have direct relations with national defense security or protection

On the contrary, a person discharged from active service by suffering from wounds in the performance of duties or education and training that are not directly related to national security or the protection of the people's lives and property may be classified as a person, police officer, or person, etc. eligible for veteran's compensation pursuant to Article 2(1)2 of the Act on Support for Persons Eligible for Veteran's Compensation according to the degree of disability (see Supreme Court Decision 2015Du48570, Aug. 17, 2016). Therefore, it is insufficient to establish a causal relationship between education and training or performance of duties (hereinafter "performance of duties, etc.") to constitute a person, in cases where he/she died of suicide during military service and his/her death constitutes a person, and the performance of duties, etc. directly related to national defense, security, or the protection of people's lives and property (hereinafter "national defense, etc.").

However, according to the above evidence, the deceased died of a boundary M16 small gun during the boundary duty between the two and the two parts. However, the deceased died of self-injury caused by continuous harsh treatment from the appointed soldiers in the military unit concerned, not by the State’s duty of security for the protection of the State, but by his/her duty of security.