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(영문) 대전지방법원 2016.05.18 2015구합105673
국방부중앙전공사망심사결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On January 6, 1971, the Plaintiff’s son B (hereinafter “the deceased”) admitted to the 39th Volunteer Training Center at the Army, and completed the education for new illness, and on March 24, 1971, posted it to the CCOM combat Support Class, and served as a volunteer soldier.

From 18:00 on June 13, 1971 to 21:30 on the duty of the third sentry in the headquarters, the Deceased was under influence of alcohol at around 21:30 on the duty of the third sentry in the headquarters. Around 22:00 on the duty of care after drinking, the Deceased was under a physical charge related to drinking at the steering room and died of the firearms.

B. On August 21, 2009, on the deceased’s death, the Military Literature Finding Committee rendered a ruling on the truth-finding that “the deceased recognizes that the deceased died as an important cause for the management neglect of internal investigation, such as sacrificing and cruel acts caused by an appointed soldier, and the commander, etc. thereof.”

C. On September 29, 2014, the Plaintiff requested a review on the classification of death to the Central Review Committee of the Ministry of National Defense pursuant to Article 6 of the directives on the treatment of pre-construction winners (Ordinance No. 1691 of the Ministry of National Defense, August 28, 2014).

On January 8, 2015, the Major Death Review Committee of the Ministry of National Defense decided that the deceased did not meet the requirements for death on duty in the attached Table 1 of the Directive on the Treatment of Persons of Distinguished Works, and the Defendant notified the Plaintiff of the result of the said resolution on January 30, 2015.

(hereinafter "Notification of this case") / [Grounds for recognition] Gap's 1, 2, and 3, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The notification of this case to the defendant's principal safety defense is merely to confirm the facts for administrative affairs following the death of military personnel, and does not directly affect the rights and obligations of the people, and thus does not constitute an administrative disposition subject to administrative litigation.

B. The administrative disposition subject to a judgment is an act of an administrative agency under public law, which imposes a burden on the establishment of rights or obligations under laws and regulations with regard to specific matters.

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