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(영문) 인천지방법원 2019.04.09 2018구단50779
국가유공자유족 등록거부처분 등 취소청구
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) is appointed as a police officer on December 6, 1948 and is on duty as a policeman.

Persons who died on September 3, 1960

B. On November 12, 2013, the Plaintiff, as the deceased’s spouse, stated that “In the event that the deceased was unable to receive timely medical treatment for an injury incurred in the course of performing his/her official duties while performing his/her duties, he/she was sent back to the hospital after leaving his/her office, and died of his/her death.” The Plaintiff filed for the registration of bereaved family with the Defendant on November 12, 2013. However, on February 5, 2014, the Defendant notified the Plaintiff as constituting “non-requirements” for the person who rendered distinguished services to the State who died on duty and the person eligible for veteran’s compensation

C. On April 19, 2017, the Plaintiff filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the State on the ground that “the deceased was sent to the ASEAN Hospital while on duty, but died.” On July 17, 2017, the Defendant notified the Defendant that “the deceased did not meet the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (the police officer killed in the line of duty).”

hereinafter referred to as "each disposition of this case"

(D) When an administrative appeal was dismissed on March 13, 2018, the Plaintiff filed the instant lawsuit. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3, and the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The deceased’s summary of the Plaintiff’s assertion was excessive in the course of performing his duties, such as public prosecution, suppression of bombs, and general public security, and the injury suffered in the process of public bomb, etc. caused tuberculosis infection. Ultimately, after returning home, he/she died in the hospital by resisting the flag and the flag’s pain.

A certified copy of the family register stated that the deceased was “satisfying”, and that the deceased was presumed to have died on duty, and that the deceased was married with the Plaintiff in a healthy state, the young age.

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