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(영문) 서울행정법원 2015.09.10 2014구단55857
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 deceased B (hereinafter “the deceased”) was appointed as a policeman on July 26, 1997 and worked as the Seoul Gangseo Police Station at September 6, 2013, and the Plaintiff is the deceased’s wife.

B. On September 6, 2013, around 14:17, the Deceased completed the police force test in 2013 (hereinafter “the physical force test of this case”) that was conducted at the Yagsan-gu, U.S. (hereinafter “the instant physical force test”) and then lost repulmon, and was sent back to the emergency room of the YA-dong Hospital, but died of the heart stop around 14:41 on the same day.

C. On December 13, 2013, the Plaintiff filed an application for registration of the deceased with the Defendant, but the Defendant, on July 3, 2014, did not correspond to the requirements prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), and issued a non-specific decision of the person of distinguished services to the State who registered the Plaintiff as his bereaved family member (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1 through 3, 5 (including paper numbers), Eul's evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is education and training directly related to the performance of duties prescribed in Article 3 [Attachment Table 1] 2-2 or 2-8 (b) of the Enforcement Decree of the Act on Persons of Distinguished Services to the State. The Deceased’s death of an accident or disaster that directly caused such education and training falls under [Attachment Table 1] 2-2, or dies due to acute disease caused by such education and training, which directly caused such education and training, and thus falls under [Attachment Table 1] 2-8 (b)

Therefore, the deceased constitutes a soldier or policeman who died on duty as prescribed by the Act on Persons of Distinguished Service, but did not recognize the deceased as a person of distinguished service.

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