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(영문) 서울행정법원 2014.08.12 2014구단51435

국가유공자 및 보훈보상대상자 요건 비해당결정 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B, after entering the military on August 1, 2012, deemed the 15th class guard C as the 2nd guard management, and died on January 22, 2013 while serving as C’s staff.

B. On January 21, 2013, the deceased B (hereinafter referred to as “the deceased”) took part in a meeting held by the captain of the operating control team at the E-cafeteria located in Gangnam-gu Seoul Metropolitan Government, at around 18:30, and at around 21:50, he/she took part in the meeting held by F as the captain of the operating control team at the E-cafeteria located in Gangnam-gu Seoul Metropolitan Government, and completed a meeting at around 22:20 on the same day, he/she suffers from a traffic accident that conflicts with the motor vehicle while crossings the ten-lane road prior to the Hridge located in Songpa-gu Seoul Metropolitan Government, on the same day (hereinafter referred to as “instant accident”).

1. 22. Death caused by cerebral cerebrovascular, etc.

C. On April 11, 2013, the Plaintiff: (a) as the father of the Deceased’s father; (b) applied for the registration of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation; (c) on December 4, 2013, the Deceased applied for the registration of a person who died on duty; (d) on the following grounds: (a) on the ground that the Deceased was at the 110m later at the site of the instant accident, the Deceased, despite being installed a crosswalk at the 110m later; (b) was involved in an accident without permission; and (c) on the ground that it was caused by a grave negligence without any inevitable reason pursuant to Article 4(6) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2(3) of the Act on Support for Persons of Distinguished Services to the State, which does not meet the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation.

[Ground of recognition] The fact that there is no dispute, Gap 1 and Eul 1's each entry, the purport of the whole pleading

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is to return home under the influence of alcohol after eating.