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(영문) 수원지방법원 2016.01.15 2015구단32609
국가유공자 및 보훈보상대상자 요건 비해당결정처분취소
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 July 16, 2013, the deceased B (hereinafter “the deceased”) served as a marine noncommissioned officer of the Marine Corps, who committed suicide in the warehouse inside the branch commander on March 1, 2014 and died or removed from the military register.

B. As the father of the deceased, the Plaintiff filed an application for registration of a person of distinguished service to the State and a person eligible for veteran’s compensation by asserting that the deceased was committed suicide under normal and free judgment due to the deceased’s act of care, obscing, and without personality by his executive members due to his or her occupational knowledge.

C. On May 29, 2015, the Defendant died as a direct cause for the deceased’s performance of his duties, taking into account the following: (a) the record that the Plaintiff died by an internal misconduct, etc. was not verified; (b) the Defendant could have selected an occupation according to free will, unlike the persons obliged to serve mandatory service; and (c) it is deemed that mental difficulties were caused by mobile phone singing fraud.

The instant disposition was rendered to notify the deceased of his/her failure to meet all requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that it is not recognized that the deceased’s death, bodily abuse, or harsh conduct in relation to education and training.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deceased, as the head of the chemical and biological support team, had experienced a profound sense of stress and duty burden due to the failure of work as a commander of the chemical and biological support team, and had been neglected from the officers due to the failure to perform their duties, and had been discussed several times that the deceased’s ability to participate in the surrounding fellows, and had been avoided the intention to participate in the transfer of military units, and the incidental executives could not properly adapt to military units.

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