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(영문) 대전지방법원 2021.01.28 2019구단101535
국가유공자유족 등록거부처분 등 취소청구
Text

The plaintiff's primary claim is dismissed.

On March 5, 2019, the bereaved family members of the Defendant who were eligible for veteran's compensation against the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff is a deceased B (hereinafter referred to as "the deceased").

B. The Deceased died on September 2, 1959.

(c)

On June 26, 2018, the Plaintiff died of a traffic accident in the course of performing official duties while serving as a local clerk of the Myeon Office C.

Claimant, the defendant filed an application for the registration of bereaved family members and bereaved family members of a person of distinguished service to the State.

(d)

On March 5, 2019, the Defendant did not have a official record to verify the deceased’s work status as a public official, and there was no objective data to cross-verification that the deceased died due to a traffic accident that occurred at a business trip site. As such, the deceased died during the performance of official duties directly related to national security, etc., or died due to a significant relation to the performance of official duties.

For reasons that it is difficult to recognize, pursuant to the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State”) and the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on the Compensation for Veterans’ Compensation”), a decision was made in comparison with the requirements for persons of distinguished service to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

E. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on October 1, 2019.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, 38 through 41, Eul evidence No. 6, and the purport of the whole pleadings

A. While the Plaintiff’s assertion was working as a regional clerk of the Myeon Office in Seosan-si, the deceased moved to encourage an increase in retirement expenses (Dri and E Ri) and died on September 2, 1959 due to a traffic accident, and thus, the Plaintiff’s allegation constitutes a person who died on the part of the State (the public official who died on duty) or a person who is entitled to compensation for veterans (the public official who died on duty) on a different premise, but the instant disposition on a different premise is unlawful.

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

(c)

1) Article 4 of the Act on Persons of Distinguished Service to the State provides that "The Act on Persons of Distinguished Service to the State is a state public official."

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