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(영문) 부산지방법원 2018.05.30 2017구단21221
국가유공자 등 요건 비해당결정처분 취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. B (CB) served in E from August 16, 2016, in the course of performing duties, such as weather prediction and weather equipment management, in view of the Staff of the Navy on July 30, 1988.

B. The Deceased shall work E from December 5, 2016 to December 08:27, 2016, and the next month from 09:30 of the following day.

7. From 19:00 to 21:39 of the same day, at around 13:28, he/she goes to work to attend a meeting held by the Information Support Board for Information and Communications, and arrives at an underground parking lot of his/her residence and expenses for returning home, but he/she immediately fails to return home, and returned to the apartment underground parking lot for the same month following the day.

8. Around 03:13, a residential apartment was found to have been deceased at the entrance of the ELLV, and the result of the autopsy on the deceased was presumed to have been a acute funeral.

C. On March 21, 2017, the Plaintiff, the deceased’s spouse, filed an application for registration with the Defendant on the ground that the Defendant: (a) on August 4, 2017, the “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” was not verified as the objective evidence was not verified that the deceased died as a direct cause for the performance of duties or education and training directly related to national defense, security, or protection of the lives and property of the people.

The deceased does not fall under the requirements of the soldier or policeman who died on duty, and the performance of duties or education and training directly related to national defense, national security, or the protection of the lives and property of the people are directly caused by the rapid aggravation of their natural progress speed above the level of progress, or the occurrence of the death or the rapid aggravation of progress due to the cause of the performance of duties or education and training not directly related to national defense and security, or the protection of the lives and property of the people.

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