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(영문) 춘천지방법원강릉지원 2016.01.07 2015구합1831
국가유공자요건비해당결정취소
Text

1. The Defendant’s disposition that rendered against the Plaintiff on March 12, 2015 pertaining to non-conformity of the requirements of persons who rendered distinguished services to the State shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On September 2, 1987, the Plaintiff’s son B (hereinafter “the deceased”) entered the 306 Military Service Corps, and completed the training at the 8th Military Service Corps of the Army, and was assigned to the 73 Military Service Corps of the 73 Military Service Corps C on October 19, 1987.

On August 12, 198, the deceased was found to have stringed 155m mnives on the 155m self-spaths on August 12, 198, and died after the hospital.

B. On September 15, 2014, the Plaintiff filed an application for registration of bereaved family members of a person who has rendered distinguished services to the Defendant on the ground that the deceased constitutes “a soldier who died while performing his/her duties” under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

C. On March 12, 2015, the Defendant rendered a non-conformity of the requirements for a person of distinguished service to the State on the grounds that the deceased’s death was not verified as related to the national security or other official duties, etc. (hereinafter “instant disposition”).

【Ground for recognition】 Each entry of evidence Nos. 1-1, 2, and 1-1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the deceased was designated as a volunteer soldier in the protection center after being transferred to the unit of the unit to which he belongs, but the situation where the deceased was assaulted from time to time due to import salary, winter sharing, grain boom, etc., or due to various ices, insult, insult, or neglect, and the situation where adaptation disorder has been gradually deepened, and as a result, the symptoms of the mental disorder have not been properly treated and managed led to suicide. As such, the deceased constitutes a soldier or policeman who died on duty as prescribed in Article 4(1)5 of the Act on Persons of Distinguished Services to the State, and the disposition of this case was unlawful on a different premise even though the Plaintiff falls under his bereaved family.

(b) Entry in the attached Form of relevant statutes;

C. (1) In fact, the deceased graduated from the Incheon High School for the Reduction of Human Resources and enter the University.

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