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(영문) 서울행정법원 2018.02.01 2016구합76145
순직유족연금지급불가결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On September 5, 2005, B (hereinafter “the deceased”) entered the Army as a non-commissioned officer on November 24, 2006, and died of the deceased on July 7, 2015, when he was employed as C the C the Information and Communications Complex Radio Frequency Management Officer.

On January 28, 2016, the Defendant rendered a decision on the land level of the deceased’s survivors’ pension on the ground that “the deceased’s application for the survivors’ pension on duty, who is the father of the deceased, was made on the ground that “the blood class, which was the cause of the deceased’s pulmonary blood electric efrition, was caused by the malmical marological marry (the operation of the process to treat the images generated during the camping for leisure).” Therefore, there is no proximate causal relation with the deceased’s death during military service.”

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and 7 (the number of paper numbers included; hereinafter the same shall apply), the purport of the whole argument of the plaintiff, the purport of the argument of the plaintiff, is that the deceased, who suffered a image on the right side of the case, was engaged in the cryprym marization on the right side, but the blood cells which caused the cryprym marization do not occur

The Deceased, as an information and communication substitute radio frequency management officer, was performing official duties, and in particular, received a form of satisfy on the right-hand bridge, and served as a head of a satisfy on the bridge. Accordingly, he/she was satfy on the bridge, and he/she was seated for a long time.

The Deceased caused the outbreak or aggravation of a pulmonary blood electric shock, thereby resulting in the death.

Therefore, there is a proximate causal relation between the deceased's performance of official duties and death during military service.

The disposition of this case is legitimate as shown in the attached Form of the statutes.

In fact, the Deceased was engaged in camping to make a leisure time from May 23, 2015 to May 26, 2015, while using a flive factoring, and was put in three degrees of images on the right side at the opia (3 cm x 3 cm) and received “pactic flive surgery” at the D Hospital on June 23, 2015 for its treatment.

The Deceased, after receiving the sculpical sculpact, shall be on June 24, 2015.

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