국가유공자요건비해당결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) was drafted into the Army on September 2, 1952, and was discharged from military service on October 26, 1953.
On January 30, 1954, the deceased was discharged from military service on June 30, 1963 by re-in the Army as Second Lieutenant C.
The Deceased died on March 27, 1975.
B. The plaintiff completed the marriage report on January 26, 1949 with the deceased.
The Plaintiff and the Deceased had their children E (F)(H), G (H), I (J) and K (L).
The Deceased resided both in and outside of barracks during the military service period.
C. On July 2, 2013, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State on the ground that the Deceased died of pulmonary tuberculosis that occurred while serving in the military (hereinafter “instant wounds”).
On September 11, 2013, the Defendant rendered a non-conformity of the requirements of persons who rendered distinguished services to the State (hereinafter “instant disposition”) on September 17, 2013 on the ground that there is no proximate causal relation between the deceased’s performance of official duties in the military and the instant difference between the deceased’s performance of official duties.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 9, 10, Eul evidence 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant disposition asserted by the Plaintiff is unlawful for the following reasons.
1) The Deceased, as D, was in charge of the smoke delivery service, was exposed to the risks of inhaled coal dust, and the Yang-gu, Gangwon-do, where the Deceased worked, was bound to inhale a considerable amount of dust in the transport service. At that time, the Deceased, as M, was considerably highly likely to be exposed to respiratory diseases by ordering the entire transport service as M. (2) Accordingly, the disease in this case occurred or was caused by the direct and repetitive exposure to hazardous substances or harmful environments for a considerable period of time.
3. The same shall also apply.