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(영문) 서울행정법원 2015.02.11 2013구단55928
국가유공자요건비해당결정취소
Text

1. The Defendant’s disposition that rendered the Plaintiff on September 26, 2013 as not constituting a person eligible for veteran’s compensation is revoked.

2...

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) served as a police officer and died on October 28, 1950 when he was in the Korean War.

B. The Plaintiff, a dependent on the deceased, applied for the registration of the deceased as a person of distinguished service to the Defendant. However, on September 26, 2013, the Defendant rendered the instant disposition that the deceased did not meet the requirements for persons of distinguished service to the State and the requirements for persons eligible for veteran’s compensation on the grounds that there is no proximate causal relation between the police’

[Ground for Recognition] Unsatisfy, Gap evidence 1-3 (including virtual number), Eul evidence 1

2. Whether the instant disposition is lawful

A. The deceased, who was a police officer at the time of June 25, 200, was affected by perpetuous infection due to combat and public security services, etc., and died due to his failure to receive proper medical treatment, and thus, the deceased constitutes a person who rendered distinguished services to the State or a person eligible for veteran’s compensation. The instant disposition otherwise determined is unlawful.

B. 1) In full view of the provisions of Article 4(1)5 and Article 4(2) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and Article 3(1)3 [Attachment 1] of the Enforcement Decree of the same Act, the deceased is a soldier or policeman who died on duty or died on duty, i.e., duty directly related to the protection of national defense and security or to the protection of people’s lives and property (hereinafter “Duties

In order to be recognized as a "police official who died in Korea", ① the death itself must directly cause the performance of duties, such as national defense, and ② in case of death caused by any disease, the disease must be recognized as being directly caused by a clear external wound during the performance of duties, such as national defense, or as being directly caused by the performance of duties.

The plaintiff is Overro.

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