국가유공자 등 요건 비해당결정처분 취소
1. On July 26, 2013, the Defendant’s disposition of non-conformity of the requirements for persons eligible for veteran’s compensation against the Plaintiff is revoked.
2...
1. Details of the disposition;
A. The Plaintiff’s spouse B (C) was appointed as a police officer on June 10, 1986, and died on May 11, 2012, when he was working in the District D District of the Daegu Western Police Station D District.
B. On December 17, 2012, the Plaintiff: (a) filed an application with the Defendant for registration of bereaved family members of a person who died of distinguished service to the State on the ground that the deceased’s (hereinafter “the deceased”) aggravated the heart disease due to his duty; (b) however, on July 26, 2013, the Defendant issued a disposition that the deceased does not constitute a person who died of distinguished service to the State or a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that it was not confirmed that the deceased was suffering from the heart disease originally caused by his/her severe disease and that the cause for his/her duty that could affect the aggravation of the disease was not verified (hereinafter “the instant disposition”).
【Ground of recognition】 The fact that there is no dispute, Gap evidence 2-1, 2, Eul evidence 1, 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s assertion that the deceased was suffering from a usual heart disease, the earth area’s work itself, which served at the time of the deceased’s death, was rhythm in the form of a man’s physiological work. In particular, since the work was performed during three months prior to the death and work at night time during twenty-four days prior to the death, etc., it was accumulated as a result of such occupational performance. As such, the deceased’s overwork and mental stress aggravated the progress of the existing heart disease beyond the natural progress and caused the death, it is unlawful for the Defendant to take the instant disposition even though it fell under the requirements of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The Deceased’s existing disease was performed by the deceased on January 2, 2004, on the part of the Woman University’s movable property medical personnel, and on January 2, 2004.