logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.02.05 2015구단100602
국가유공자유족비해당결정취소
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. On January 18, 199, the deceased B (Cre, hereinafter “the deceased”) entered the Army bottle, and was seconded for the Army, and was appointed as the riot police on February 12, 199. On August 11, 1999, he committed suicide on the 17th floor of the D apartment located in the new wall Pyeongtaek-si.

B. On October 16, 2014, the Plaintiff, a mother of the Deceased, filed an application for registration of a person who rendered distinguished services to the State on the ground of the deceased’s death with the Administrator of the Red Veterans Branch.

C. On June 26, 2015, the head of the Red Veterans Branch rendered a decision on the eligibility of a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that “It is difficult to recognize that the deceased is dead during the performance of duties or education and training directly related to the national defense, etc.” against the Plaintiff.

From January 1, 2016, the defendant succeeded to the jurisdiction of the head of the Red Veterans Branch.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4, Gap evidence 5-1, Gap evidence 17, Eul evidence 6-13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s selection and appointment of the deceased had engaged in harshly and repeatedly in the process of performing his duties, such as nuclear bomb and repeated actions against the deceased, such as nuclear bomb and abreathing, crypting, and verbal abuse and abusive language, and the deceased committed suicide by this reason.

The deceased constitutes a soldier or policeman who died during the performance of duties or education and training directly related to national defense, etc., and the instant disposition is unlawful.

B. In order to constitute a soldier or policeman who died on duty under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, there should be a proximate causal relationship between the performance of duties or the education and training, and the performance of duties or education and training should be directly related to the protection of national defense, security or the protection of the lives and property of the people

Modern, the plaintiff.

arrow