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(영문) 전주지방법원 2015.10.23 2015구단97
국가유공자유족비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On December 16, 2013, the Plaintiff participated in a sugar operations as a member of the Korean Youth Association against an accident B (hereinafter “the deceased”), who is the husband of the deceased (hereinafter “the deceased”). On any day, the Plaintiff asserted to the effect that the mound, which caused the total of the new walls, caused the deceased’s house and led the deceased, and filed an application for registration with a person of distinguished service to the State (bereaved Family Members).

B. On May 16, 2014, the Defendant issued a notice of non-existence of a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that “The specific and objective supporting materials that can be deemed as having died in combat action or during the performance of duties equivalent thereto, or in the performance of duties or education and training directly related to the national security of the State or the protection of the people’s lives and property,” on the ground that it is not confirmed.

[Grounds for recognition] The descriptions of Gap evidence 1, 2, Eul evidence 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a member of the Korean Youth Association, participated in the field of spawning operations in cooperation with soldiers or police officers, and was spawned together with his family members on any day (as of September 9, 1949). In order to kill youth members who cooperate with the military police, the deceased was spawned to the village as soon as possible and led to the common cemetery.

The Deceased was mobilized by a military unit or the chief of a police station to participate in combat or other similar activities, and was involved in sacrificing operations as soon as possible, even if the Deceased was not killed in battle, it was caused by a prompt mountain to kill those who participated in sacrine operations as soon as possible immediately after the Deceased participated in combat action for the prompt sacrification. Therefore, there is a proximate causal relation between the Deceased’s death and his participation in combat.

Therefore, the deceased constitutes a person of distinguished service to the State under Article 74(1)3 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State.

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