(영문) 서울행정법원 2017.6.29.선고 2016구단66332 판결

1. On October 13, 2016, the Defendant revoked the disposition that rendered to the Plaintiff on the ground that the Plaintiff was not eligible for veteran’s compensation.

2. The costs of lawsuit are assessed against the defendant.

Purport of claim

The order is as set forth in the text.

Reasons

1. Details of the disposition;

A. On October 28, 2004, the net ○○○○ (hereinafter referred to as the “the Deceased”) was assigned as an coal arrangement guard on December 31, 2004, when he was assigned to the Army as the ○○○○ Military Support Headquarters (hereinafter referred to as the “GGGG”) of the Army on December 31, 2004, and was assigned as the WGP as a member of the relevant coal group on March 16, 2005, while he was assigned to the position as a member of the relevant sports club sales assistant on April 28, 2005.

B. On March 10, 2016, the mother of the deceased, died of excessive work due to change of assignment, and applied for registration of a person who rendered distinguished service to the State. However, on October 13, 2016, the deceased died from his duty or education and training directly related to the protection of the State. It is determined that it is difficult to recognize that the deceased died due to considerable causal relationship with military duty or education and training, and thus, Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act on the Persons of Distinguished Service to the State"), Article 2(1)1 of the Act on the Requirements for Persons of Distinguished Service to the State and Support for Persons of Distinguished Service to the State (hereinafter referred to as the "Act on the Persons of Distinguished Service to the State") and Article 2(1)1 of the Act on the Persons of Distinguished Service to the State (hereinafter referred to as the "Act on the Persons of Patriots and Veterans Compensation").

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 4-1, 2-2, and the purport of the body before oral argument

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In light of the fact that there was a unilateral and illegal change of assignment against the will of the deceased, who is a new soldier, a change of assignment to a position as a sales assistant of the loyalty club, the work status of the deceased is not good after the change of assignment to a position as a sales assistant of the loyalty club, the deceased's position was overemphasized, and there was difficulty in adaptation to the life of the deceased due to a new soldier, the deceased seems to have shown a depression due to a direct malmal adaptation, and the assistant officers of the military unit were inappropriate response to the demand of the deceased for the change of assignment, so the proximate causal link between the deceased's performance of duties and the deceased's network is recognized, and the disposition of this case by the Defendant on a different premise is unlawful.

(b) Facts of recognition;

(1) At the time of the draft physical examination, the Deceased was judged to have no problem in the field of active duty service conducted after being judged to have a normal physical examination for all nine items, including mental illness, at the Military Manpower Administration.

(2) Around the time when the Deceased moved into the NIS, the manager Kim○○○, the sales volunteer soldier who was planned to be discharged from active service on March 2005, on behalf of the head of the Dong-○○ Hospital, and the head of the sales volunteer soldier who was scheduled to be discharged from active service on June 7, 2005. The sales volunteer soldier was assigned to the position among the main volunteer soldiers, and the sales assistant soldier who was non-authorized in the organizational chart was assigned to the position among the main volunteer soldiers for the purpose of operating the sales volunteer club in the absence of a sales volunteer.

(3) On March 16, 2005, the Minister of Justice of the Central and Medium Enterprise, who is expected to use the remaining annual leaves from the time of discharge from active service, and on April 2005, he was ordered to select the sales soldiers of leaps in the leapsy commander, who thought that it is inappropriate for a cooking soldier to do so, selected the deceased as a substitute for the duties of leaps○○ on March 16, 2005 without a prior interview with the deceased, and then reported this to the leapsy commander. Since then, the deceased returned to the leapsium, and the deceased started to work together with the leapsy club on March 16, 2005, under the direction of the leapsy commander.

(4) The Deceased was able to carry out 2:0 to 20 on the day, 9:0 (in substance: 21: 00 to 22:0 on the day, 9:00 to 15:0 on Saturdays, 13:0 to 17:0 on Sundays, and 22:0 on the day :00 on the day :00, 13:00 to 00 on the day, and 20:0 on the day :00. From April 2005, the Deceased was able to carry out 1 to 2 hours after the day, 1 to 2 hours after the day ; 3:0 hours after the day ; 1 to 3 hours after the day ; 2:0 hours after the day - the day - the day - the day - the day - the day - the day - the day - the day - the day - the day - the day - the day - the day - - the day - the day - the day - day - - the day - day - the day 2. - day - day - the day - day - day - day 2....

(5) On March 19, 2005, the deceased who was aware of her work as a sales assistant to the extent that he would have been able to see that she would be able to be able to be able to be able to be able to be able to be able to be able to be able to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her.

(6) After around April 6, 2005, the Deceased was able to become a sales assistant soldier’s duty in full scale from leap ○○○. The Deceased was also able to take several countermeasures against leap ○○, such as selling things whose calculation has already been completed to other sergeants or grasping the quantity of inventory. Meanwhile, the Deceased was unable to perform his duty properly, so leap ○○ had a leap ○○’s draft book or delayed leap ○○’s annual leave, and it was difficult for leap ○○ to express leap ○. In particular, the Deceased was 40,700 won, which was known after the completion of all the 27:0 a.m. on the 27th day of the same month, and it was difficult for ○○ to have a large number of time of leap son’s work with his own mind that he did not have any other leap son’s work at his own expense. While the Deceased did not have any positive and positive time after le.

(7) From April 27, 2005, the deceased, upon final acceptance of his duties from her leap○○, performed his duties on his own by hump, and after completing his duties and settling accounts, the problem was 20:40, the deceased returned to leap○’s living room at around 10:10.

(8) On April 28, 2005, the deceased worked for the first time from 00 to 6:00, and 5: At around 10, the 5: Around 10, the YY entered the storage of the goods of the shock club in the toilet, and died of the neck by using a battle string boat on the ceiling structure. At around 06:25, the deceased knife knife the left part of the hand knife with the knife knife, and found that the 064% of the blood alcohol concentration of the Maurius was found to be 064% of the blood alcohol concentration of the maur.

(9) On December 31, 2004, after the death of the deceased, the president of the company classified the deceased as being in charge of intensive management and ordered the deceased to adapt to and guide the deceased's first interview, the president of the company did not arbitrarily classify the deceased as being subject to intensive management and did not perform the legitimate instructions of the superior officer in the performance of his duties. On March 16, 2005, the death of the deceased, who was in charge of the Ambane inspection/maintenance 2912 without authority, without authority.

311 Administrative soldiers violate Article 18(1)(a) of the Regulations on the Personnel Management of the Army, which provides that they shall be assigned to positions that correspond to the military specialty of the relevant soldier by assigning them to non-authorization for the position of a sexual club management personnel, and that they shall be assigned to positions that conform to the military specialty of the relevant soldier. On the same date and time, the deceased arbitrarily assigned the deceased as a sexual club management personnel without consideration of the ability and aptitude of the relevant soldier, and then the deceased recommended the assignment to the head of the company at the expense of the relevant duties even though he/she recommended the adjustment of the assignment at his/her own expense, he/she shall manage the sergeant continuously without detailed identification of the deceased's status

The final warning was issued due to the fact that he neglected to perform his duties as the Chinese registry.

[Evidence] Facts without dispute, Gap evidence Nos. 3 through 24, Eul evidence Nos. 1 through 4, Eul evidence Nos. 3 through 3, 5 through 16, and the purport of the whole pleadings

C. Determination

Article 2(1)1 of the Act on Persons Eligible for Veteran’s Compensation stipulates that the person who died or died during his/her duty or education and training as a person eligible for veteran’s compensation who is not directly related to the protection of his/her life or property shall be determined by Presidential Decree in consideration of the degree of his/her duty or the degree of his/her negligence. Article 2(1)1 and 2 of the Enforcement Decree of the Act on Persons who were killed or wounded (hereinafter referred to as “the Enforcement Decree of the Act on Persons of Distinguished Services to the State”) provides that the person who died or was unable to be determined as a person eligible for veteran’s compensation due to his/her own injury or injury in light of the legislative purport of the Act on Persons of Distinguished Services to the State or the Act on Persons of Distinguished Services, who died or was unable to be determined as a person who was unable to perform his/her duty because of his/her own injury or injury. Article 2(1)2 of the Act on Persons of Distinguished Services to the State provides that persons who died or were unable to perform his/her duty

Considering the above facts in light of the legal principles as seen earlier, ① there was no mental or physical problem before being assigned to the deceased as a sales assistant, and rather, it cannot be said that the deceased was assigned to the position as a sales assistant after being assigned to the deceased’s work site. ② The deceased was assigned to a sales assistant only one month after being assigned to the deceased’s office, and then, the deceased was found to have been unable to take necessary measures by taking account of the following circumstances: (a) the deceased’s active duty at the time after being assigned to the deceased’s first time, and the deceased’s active duty at the time after being assigned to the deceased’s office; and (b) the deceased’s active duty at the time after being assigned to the deceased’s office, and (c) the deceased’s active duty at the time during which it appears to have been assigned to the deceased’s office. Furthermore, the deceased’s active duty at the time of being assigned to the deceased’s office and the deceased’s active duty at the time of being assigned to the deceased’s office.

3. Conclusion

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.