logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.07.20 2015가단17346
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 19, 1951, the net B was entered into on March 19, 1951

6. The soldier participated in the war on February 1, 1951, and was killed on December 14, 1973.

B. On January 23, 2013, the Plaintiff, a wife of the Deceased, asserted that he/she sustained a total amount of injury, etc. on the left-hand ear and He/she was killed during battle and died after discharge, and filed an application for registration of a person of distinguished service to the State.

C. On February 25, 2013, the Board of Patriots and Veterans Entitlement rendered a decision that “The injury of the Republic of Korea (hereinafter “the injury in this case”) with respect to public service did not recognize the injury as a public service-related wound because there is no objective evidence to acknowledge the injury background, and the injury of the Ministry of Patriots and Veterans Affairs recognized the public service-related records (hereinafter “the injury in this case”) constitutes the injury related to public service.”

After January 21, 2014, the deceased performed at the Busan Veterans Hospital, according to the medical doctor's opinion that there is no objective evidence to prove the disability caused by the instant accident, the deceased B was judged below the grading standard.

E. Accordingly, the Busan Regional Veterans Administration decided on the deceased B as non-person of distinguished service to the State on the ground that it falls short of the criteria for classification of disability ratings on March 5, 2014, and notified the Plaintiff thereof. The decision became final and conclusive as it did not file an administrative appeal or administrative litigation against the Plaintiff.

(In fact that there is no dispute, Gap 1 through 3, 6, Eul 1 through 5, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s assertion B was a person of distinguished service to the left-hand side of the war, and the Defendant was determined as a person of distinguished service to the State on the ground that there was no objective supporting material. However, it was unlawful for the Defendant, who is responsible for keeping relevant materials, such as the beds and beds, to make a determination below the grade criteria without keeping them, and as a result, caused the Plaintiff’s loss not designated as a bereaved family member of a person of distinguished service to the State.

arrow