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(영문) 창원지방법원 2014.09.26 2013구합21036
보훈급여금부지급처분취소
Text

1. The Defendant’s disposition of paying veterans’ benefits to the Plaintiffs on July 22, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. C (D) upon entering the Air Force on December 22, 2008, caused depression while serving in the military, and died on October 8, 2009 at the warehouse of the inside-house management office.

(hereinafter referred to as “the deceased”). B.

The Plaintiffs, who are parents of the deceased, were paid damages by receiving a judgment in favor of some of them, on the part of the State, on the claim for damages against the deceased’s death accident.

C. On April 30, 2013, the Plaintiffs filed an application for registration of bereaved families of persons who have rendered distinguished services to the State on the grounds that the Deceased’s cruel act was caused by the outbreak or aggravation of depression during the military service and caused the death of the deceased.

On July 22, 2013, the Defendant registered and decided the Plaintiffs as bereaved family members of the deceased and killed in a disaster on the ground that the deceased did not meet the requirements of Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) but meets the requirements of Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act”).

E. In making the above decision on July 22, 2013, the Defendant announced the Plaintiffs on July 22, 2013, on the ground that “In light of the proviso of Article 2(1) of the State Compensation Act, if the State is compensated, no compensation under the Patriots and Veterans Compensation Act shall be paid” (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 1, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The proviso of Article 2(1) of the State Compensation Act stipulates that the claim for damages is limited according to the principle of prohibition of double compensation under the Constitution, and if the damages were already paid, the accident compensation, pension for wounds, etc. under other Acts and subordinate statutes can be absolutely claimed.

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