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(영문) 제주지방법원 2018.09.05 2017구합5892
국가유공자 및 보훈보상대상자 비해당결정처분 취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On July 1, 201, the deceased B (CB; hereinafter “the deceased”) served as a pilot, who was promoted to the Air Force as Second Lieutenant, and applied for discharge from active service before the expiration of 15-year compulsory service period. On August 1, 2015, the deceased was enrolled in the vocational support training course (from August 1, 2015 to May 31, 2016).

B. During the period of the above former job training, the Deceased was killed due to a high level of diversified damage, etc. by falling down at a point 22, supra, 17.4m in the beginning of the runway No. 21, supra, and falling at a point 17.4m in the beginning of the runway No. 21, 2016, on February 28, 2016, in order to receive flight experience of 1,000 hours necessary for the employment of the private airline.

C. On May 22, 2017, the Plaintiff, a bereaved family member of the deceased, filed an application for registration of a person who has rendered distinguished services to the deceased pursuant to Article 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”), and simultaneously filed an application for registration of a person eligible for veteran’s compensation with the deceased pursuant to Article 4(2) of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Act”).

After the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on June 22, 2017 to the Plaintiff that “it is difficult to recognize the deceased as having direct relations with the protection of the State, etc., or as having died during military duties or education and training not directly related to the protection of the State, etc.” to the effect that “the deceased does not constitute a soldier or policeman who died on duty or in the line of duty under Article 4(1)5 of the Act on Persons of Distinguished Services to the State, and a soldier or policeman who died on duty or in the line of duty or education and training under Article 2(1)1 of the Patriots and Veterans Compensation Act.”

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