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(영문) 춘천지방법원 2015.02.13 2014구합4649
국가유공자유족 등록거부처분 및 보훈보상대상자유족 등록거부처분취소
Text

1. The Defendant’s refusal to provide distinguished services to the State to the Plaintiff on May 16, 2013 and bereaved family members of a person eligible for veteran’s compensation.

Reasons

1. Details of the disposition;

A. From March 1, 2010 to June 29, 2011, the Plaintiff’s son B (C students; hereinafter “the deceased”) was in the Army so-called, and served as the vice-general at the 5th Army Volunteer Group 36 Joint D Co., Ltd. from June 24, 201, and was dispatched from April 5, 201 to June 29, 201 as an association headquarters E and served as F.

B. On June 18, 2012, the Deceased: (a) driven his/her own motor vehicle and went out of the military unit in order to carry out a sperperperpering death on the same day; (b) caused a traffic accident by negligence that intrudes with the central line on the way he/she returns to the military unit at around 22:20 on the same day; and (c) accordingly, died on the same day on the same day as the date when he/she suffered heavy injuries such as depression, satise damage, and ple

C. On January 18, 2013, the Plaintiff applied for the registration of the deceased as a person of distinguished service to the Defendant. However, on May 16, 2013, the Defendant notified the Plaintiff of the determination on the non-conformity of the requirements for persons of distinguished service to the State and persons of distinguished service to the Defendant, based on the result of the deliberation of the Board of Patriots and Veterans Entitlement as of April 30, 2013, that “The deceased was returned to a private work unrelated to the performance of official duties, and was killed due to stroke driving, and the reason for death is also the traffic accident that occurred due to strokeing the central line due to strokeing the central line, and thus constitutes death due to his intention or gross negligence

(hereinafter “instant disposition”) D.

On August 13, 2013, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on April 1, 2014, and the Plaintiff was served a written adjudication on April 14, 2014.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 5, 6 and Eul's 1 through 5 (including Serial number; hereinafter the same shall apply)'s entries and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is due to the emergency situation in the military unit from June 11, 2012 to June 15, 2012, prior to the instant accident.

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