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(영문) 대전지방법원 2019.04.25 2018구단101057
국가유공자(순직군경)요건비해당처분취소
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 January 18, 199, the deceased B (Cre, hereinafter “the deceased”) entered the Army bottle, and was seconded for the Army, and was appointed as the riot police on February 12, 199. On August 11, 1999, he committed suicide on the 17th floor of the D apartment located in the new wall Pyeongtaek-si.

B. On October 16, 2014, E, the mother of the deceased, applied for registration of a person of distinguished service to the State on the ground of the deceased’s death, but on June 26, 2015, on the ground that “it is difficult for the deceased to recognize that he/she was deceased while performing his/her duties or education and training directly related to the protection of the State, etc.” as to E, the head of the Red Veterans Site shall not be recognized as deceased.”

(However, E filed a lawsuit seeking revocation of the above decision against the Defendant by this Court 2015Gudan100602, but the above court dismissed E’s claim on February 5, 2016.

E appealed as Daejeon High Court Decision 2016Nu10471, but was dismissed on July 14, 2016, and Supreme Court Decision 2016Du45905, but was dismissed on October 27, 2016.

C. On November 16, 2016, the Danam Provincial Police Agency Review Committee passed a resolution on the deceased as “net position” pursuant to Article 136 [Attachment Table 15] base number 2-15 of the former Regulations on the Management of Police Officers, etc. (amended by the National Police Agency Directive No. 856, Dec. 19, 2017) (amended by the National Police Agency Directive No. 856, Dec. 19, 201).

On September 28, 2017, the Plaintiff, the father of the deceased, applied for a re-registration of the deceased again to the Defendant, but the Defendant, on August 7, 2018, constitutes a non-requirements for a person of distinguished service to the State on the ground that “It is recognized that there is a proximate causal relationship between the deceased’s death and the military performance of official duties, but it is difficult to recognize the deceased’s death as deceased during military duties or education and training directly related to the national

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