logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.17 2016구단51143
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s child network B (hereinafter “the deceased”) entered on May 8, 2014, and served as an auxiliary police officer belonging to the Incheon Gyeyang Police Station. On August 3, 2015, the Deceased was sent back to the hospital due to a lack of respiratory disorder around 12:21 while participating in a stable competition implemented as a part of a summer training, and was in rest, the Deceased was killed at that time.

B. On August 13, 2015, the Plaintiff filed an application for registration of bereaved family members to the Defendant who have rendered distinguished services to the State. On November 10, 2015, the Defendant rendered a decision with respect to the Plaintiff on November 10, 2015, that the deceased’s performance of duties or education and training directly related to the national defense, etc. is not deemed to have been dead, and on the ground that the deceased’s non-performance of duties or education and training seems to have deteriorated due to aggravation of existing diseases, it does not fall under the requirements of Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State”), but falls under “the category of “the category of “the category of

(hereinafter referred to as the "disposition of this case" in the Act on Persons of Distinguished Service to the State.

On November 19, 2015, the Plaintiff filed an objection to the Defendant, but on February 26, 2016, the result of re-deliberation with the same content as before was notified. On March 14, 2016, the Plaintiff filed an administrative appeal, but was dismissed on June 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 10 evidence, Eul evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s participation in the lower field field training is an essential physical improvement in the management of assembly and demonstration for national defense, etc. by conducting regular training each year.

arrow