국가유공자유족비해당결정취소
1. On June 30, 2014, the decision that the Defendant rendered against the Plaintiff was revoked.
2...
1. Details of the disposition;
A. On March 28, 191, the deceased B (hereinafter “the deceased”) was appointed as a police officer on March 28, 1991, and on April 18, 2003, while serving as the C police station guard transport divers, the deceased committed suicide by putting his clothes on the part of the KON at the third floor of the C police station on July 2, 2004.
B. On January 1, 2006, the Plaintiff, a spouse of the deceased, applied for the registration of bereaved family members of a person who has rendered distinguished services to the State. However, the Defendant notified the Plaintiff on March 13, 2006 on the ground that the deceased’s suicide constituted Article 4(5)4 (self-injury) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 7873, Mar. 3, 2006).
C. On December 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the deceased with the Defendant. On June 30, 2014, the Defendant rendered a decision on the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased died in the course of performing duties or education and training directly related to the national defense, etc., or there is no proximate causal relation with the deceased’s death and performance of duties or education and training.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 12, and 14 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the death of the Deceased caused suicide while on duty due to the outbreak and aggravation of depression due to overwork and stress caused by performance of official duties. Therefore, despite the proximate causal relation with the deceased’s performance of duties or education and training, the instant disposition made by the Defendant on a different premise is unlawful.
B. (1) In fact, the Deceased’s work experience and work performance (A) served as an Inspector from March 28, 1991 to E National Police University (FI No) and as a mitigation from June 30, 1997. The Deceased’s work experience and work performance were promoted to the Superintendent around April 2003.