logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.07 2016구단616
국가유공자요건비해당결정취소
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. While having been on August 20, 1993 and served as noncommissioned officer, the deceased was killed due to cerebral damage caused by a cerebral injury, etc. by a total of 18:05 by suffering from the head around 16:15 on August 10, 1995, while serving as the deceased on August 20, 1993.

B. On the other hand, on the other hand, on 2009, the Military Literature Finding Committee requested the Minister of National Defense for re-deliberation on the deceased’s death classification by failing to receive appropriate treatment and management, while the deceased’s support and appointment of a staff sergeant who does not want to serve in the military have deteriorated symptoms due to stress, such as bullying, or “malary disorder accompanied by an incubation with an infertility,” and having reached a serious depression.

C. Accordingly, the Plaintiff, as the mother of the Deceased, died of a cause for uncertainty during the course of shooting training, on the ground that the Deceased was performing the duty of military service or education and training directly related to the national defense, etc. on May 8, 2013, the Defendant died during the course of military service or education and training.

On the ground that it is difficult to recognize the death of the person who has rendered distinguished services to the State or the person subject to accident compensation due to the direct cause of sacropical words or cruel acts related to military duties or education and training, it was decided that the person is not eligible to receive

On August 12, 2015, the Plaintiff filed a request for reexamination of death on duty with the Ministry of National Defense, and the Minister of National Defense decided on August 20, 2015 as a soldier or policeman on duty on August 20, 2015.

E. On December 18, 2015, the Plaintiff again filed an application for registration with the Defendant, following deliberation and resolution by the Board of Patriots and Veterans Entitlement, determined that the Plaintiff does not meet the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation, and notified the Plaintiff thereof.

[Reasons for recognition] Gap evidence No. 3 and the purport of the whole pleadings.

arrow