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(영문) 춘천지방법원 2015.12.16 2015구합699
전공상불인정처분취소
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 April 22, 1946, the deceased B (hereinafter “the deceased”) entered the Army and participated in the Korean War. Around May 15, 1951 and around September 21, 1952, when combated, the deceased was killed on February 23, 1978, after being discharged from military service on May 31, 1956.

B. On June 16, 2014, the Plaintiff, the wife of the Deceased, filed an application with the Defendant for registration of a person who rendered distinguished services to the deceased by stating “buckbucks” as the application form, and thereafter additionally filed an application for registration of a person who rendered distinguished services to the State.

C. After the deliberation and resolution of the Board of Patriots and Veterans Entitlement, on October 28, 2014, the Defendant notified the Plaintiff of the result of deliberation on the application for registration, such as the soldier or policeman wounded in action or soldier or policeman wounded in action, and the soldier or policeman wounded in action or soldier or policeman wounded in action, and the soldier or policeman wounded in action or soldier or policeman wounded in action or on duty, because it is difficult to deem that the cause or aggravation of the cause of combat action or any other similar performance of military duty was caused or deteriorated (hereinafter “instant disposition”).

Accordingly, on December 30, 2014, the Plaintiff filed an administrative appeal on the ground that the instant disposition that “the deceased’s mental illness does not meet the requirements of a soldier or policeman killed or wounded in action, soldier or policeman wounded in action, or soldier or policeman wounded in action,” was erroneous, but the Central Administrative Appeals Commission dismissed the judgment on March 10, 201

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff asserted that the disposition of this case by the defendant on a different premise is unlawful, despite the fact that the deceased had suffered mental illness, such as a recovery agency, due to combat action or performance of duties at the time of the Korean War War, and that the deceased had received mental treatment after discharge from active service.

3. Determination.

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