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(영문) 의정부지방법원 2015.04.27 2014구단5543
국가유공자비해당결정처분취소 청구의 소
Text

1. On August 29, 2013, the Defendant rendered a non-applicable decision against the Plaintiff on August 29, 2013, as one of the non-applicable decisions against the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 1, 1983, the Plaintiff’s husband (hereinafter “the deceased”) committed suicide on November 27, 2012, when he was assigned to the lower court as the Air Force Staff, and was engaged in the assignment of the C-C-C-C-C-C-C-C-C-C-W-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-S-S

B. On December 28, 2012, the Plaintiff, the deceased’s spouse, filed an application for registration with the Defendant to grant distinguished services to the State. On August 29, 2013, the Defendant rendered a decision on the amount of non-conformity of the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that “the deceased died of his/her duty or education and training directly related to the national defense, security, etc., as a direct cause, or is not recognized as having died of his/her injury as a result of the military duty or education and training.”

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission. However, on April 22, 2014, the said commission rejected the judgment of dismissal on the ground that “the death of the deceased cannot be deemed to have been caused by self-injury in a situation where free will is excluded from free will as the cause of the ex post facto treatment was confirmed to have been lost by his or her husband, and thus, did not constitute an accident or disaster in the line of official duties, and there was no sabry, sabs, or cruel acts. It does not seem to have serious stress and suicide to the degree that he or she would be able to face or overcome if the death of the deceased was a soldier. Furthermore, the deceased’s death was caused by the performance of duties or education and training directly related to national defense and security, or the protection of the lives and property of the people, or by sabs, sabs, or cruel acts related to his or her duties or education and training.”

[Grounds for recognition] Unsatisfy, A No. 1.

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