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(영문) 대전고등법원(청주) 2020.02.05 2019누2061
국가유공자유족비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of this court is as follows, except for the addition of the following phrases, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation

Article 2(1) [Attachment 1] of the former Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation (amended by Presidential Decree No. 29297, Nov. 20, 2018) stipulating the criteria and scope for persons eligible for veteran’s compensation refers to “a person who is medically recognized to have died due to self-injury in the state of voluntary exclusion from the free will as a soldier or a person responsible for compulsory military service due to his/her direct cause for the performance of his/her duties or education and training.” In addition, the purpose of the Act on Support for Persons Eligible for Veteran’s Compensation is to specify cases in which proximate causal relation exists between the performance of duties, education and training, and death or difference in [Attachment Table 1] under subparagraph 15 of the above [Attachment Table 1], it is reasonable to interpret that “a salog, salog, or cruel treatment, etc. related to the performance of duties or education and training” includes a considerable amount of occupational burden, a chronic excessive work, or physical and mental disorder following excessive work.

However, the evidence submitted by the Plaintiff, including D’s testimony, was “physical and mental disorder due to verbal abuse or harsh acts related to the performance of duties or education and training, a short-term increase in business burden, chronic excessive business performance, excessive work, etc.” on the deceased.

It is not sufficient to recognize that the duties of the head of the operating control office, who is or was entrusted by the deceased, are excessive duties to the extent that they could not be performed, and there is a proximate causal relationship between the deceased's performance of duties or education and training during the military service and the suicide of the deceased.

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