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(영문) 청주지방법원 2016.09.08 2015구합12033
순직군경요건비해당결정처분 등 취소
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 1, 1992, the Plaintiff’s spouse B (hereinafter “the deceased”) was appointed as the Air Force Noncommissioned Officers.

B. On April 29, 2015, the Plaintiff asserted that the deceased died of acute freatitis caused by his duties or education and training (hereinafter “military duties, etc.”) during military service, and applied for registration of a person who rendered distinguished services to the Defendant.

C. On August 17, 2015, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on the requirements for soldier or policeman who died in the line of duty and the non-applicable notification of the eligibility for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased had been healthy without a big disease for the last ten years before the death, the deceased performed excessive work following the series of diseases, such as extinguishing forest fire on March 11, 2015, and searching for rescue and rescue operations at sea on March 13, 2015, and caused the death of the deceased due to the aggravation of viral infection and the outbreak or aggravation of viral infection caused the death. Meanwhile, in light of the fact that the deceased’s death is likely to have aggravated due to the outbreak or aggravation of viral infection due to the aggravation of viral infection as a result of the aggravation of viral symptoms, the death of the deceased was caused or aggravated due to his military duty.

Therefore, the defendant's disposition of this case is unlawful.

B. 1) On March 11, 2015, the Deceased complained of a fluoral gift tax, and on March 13, 2015, the Deceased complained of a fluoral gift tax. 2) On March 17, 2015, the Deceased inspected avian influenza at the stage of aviation of the Air Force 17 Moscoo on March 17, 2015.

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