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(영문) 인천지방법원 2017.05.16 2015구단50563
국가유공자 및 보훈보상대상자 비해당결정처분취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on February 13, 2015.

Reasons

1. Details of the disposition;

A. After having entered Korea on April 16, 2007, the Plaintiff’s husband B was appointed as a noncommissioned Officer on July 27, 2007, and was discharged from Korea on July 13, 2009, and he again was appointed as Second Lieutenant on November 1, 2009. On August 8, 2013, the Plaintiff’s husband was discharged from Korea on the part of the head of the Gun of the 26th unit of the Water Supply and Machinery Co., Ltd. on the part of the 26th unit of the Water Supply and Machinery Co., Ltd. (Subrogation) and was found to have committed suicide on May 21, 2014.

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

On November 5, 2014, the Plaintiff filed an application with the Defendant for registration as a bereaved family member of a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation. Accordingly, on February 23, 2015, the Defendant rendered a decision to the Plaintiff on the ground that “the deceased was dead while performing military duties or education and training directly related to the protection, etc. of the State, or the deceased was not recognized as having been directly caused for homicide, verbal abuse or harsh treatment related to the performance of military duties and education and training” (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”) under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act on the Honorable Treatment of Persons

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion is performing the assignment of the head of the Gun/Gu, the deceased suffered from extreme overwork and stress, and committed suicide without checking them. The proximate causal relation between the deceased’s suicide and his/her military duty should be acknowledged. However, each of the dispositions of this case on different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) A soldier or policeman who died on duty under Article 4(1)5 of the Act on Persons of Distinguished Service to the State.

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