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(영문) 춘천지방법원 2016.05.25 2015구합4189
국가유공자 및 보훈보상대상자 요건 비해당 처분 취소
Text

1. On December 5, 2014, the decision that the Defendant rendered against the Plaintiff on December 5, 2014 as a person eligible for veteran’s compensation is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”).

B. On October 31, 1992, the Deceased was appointed as the Army Master, and was killed as a “scarcity color certificate”, a direct death on March 21, 2013, which is the head officer of the headquarters of the 3rd Special Consular Association, from November 1, 2011 to the third 703 Special Consular Association.

C. On September 5, 2013, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the Defendant on the ground that the deceased died due to overwork and stress, but the Defendant decided on July 22, 2014 that the deceased did not meet the requirements of the deceased’s death on duty or of the deceased’s death in the deliberation of the 173th Board of Patriots and Veterans Entitlement, and rendered a decision on August 7, 2014 as to the Plaintiff’s failure to meet the requirements of persons who have rendered distinguished services to the State and persons eligible

On September 3, 2014, the Plaintiff filed an objection on September 3, 2014 on the ground that new evidence was found.

E. On November 26, 2014, the Defendant considered the evidence submitted by the Plaintiff in the deliberation of the 291 Merit Deliberation Committee, but did not have a proximate causal relationship between the deceased’s duty and the deceased’s death. As such, the deceased decided that it does not constitute a soldier or policeman killed in action or a soldier killed in action. On December 5, 2014, the Defendant notified the Plaintiff of the determination on non-conformity with the requirements for a person who rendered distinguished service to the State (hereinafter “decision on non-conformity with the requirements for a person who rendered distinguished service to the State”), and notified the Plaintiff of the determination on non-conformity with the requirements for a person eligible for veteran’s compensation (hereinafter “decision on non-

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the deceased suffered from the disease related to the usual heart and that the deceased had always maintained a healthy physical strength had been hard due to excessive work and stress caused by the death, and the heart color, which is the cause of the death of the deceased, was the cause of the death.

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