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(영문) 대전지방법원 2017.06.15 2014구단100766
국가유공자유족 등 요건 비해당 결정 취소
Text

1. On August 8, 2014, the Defendant’s disposition of non-conformity of the requirements for persons eligible for veteran’s compensation against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On February 1, 2013, the Plaintiff is the mother of a net B (hereinafter “the deceased”) who voluntarily concealed his/her timber on August 28, 2013 while serving in the Army as a staff member of the Staff.

B. On June 10, 2014, the Plaintiff filed an application with the Defendant for registration as a person who rendered distinguished services to the State and his bereaved family members. On August 8, 2014, the Defendant rendered a non-approval of the Plaintiff’s application on the ground that “The deceased is not recognized as having died during the performance of duties or education and training directly related to the national defense, etc., or having caused death of the deceased as a direct cause, such as mouth, verbal abuse, or harsh treatment (hereinafter “instant disposition”).”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased committed suicide due to the continuous quality of the appointed noncommissioned officer and commander’s duty, bathing theory, barracks misconduct, bullying, and betata, and all these causes occur in relation to military service during the deceased’s military service. It is clear that there is a proximate causal relationship between the death of the deceased and military service.

Therefore, the Defendant’s disposition that did not recognize the deceased as a person who rendered distinguished services to the State or a person eligible for veteran’s compensation is unlawful.

B. 1) On February 20, 2012, the Deceased joined the Army Training Center and was supported by noncommissioned Officers who were on duty as a computer soldier on February 1, 2013. 2) On February 1, 2013, the Plaintiff was assigned to the 3th military service, and then was assigned to the 863 military service. From May 6, 2013, the Plaintiff received education at the 3th military service school in the Army, and returned to its military unit on July 24, 2013.

3) On the ground that the Deceased supported cyber colleges around February 2013, 2013, the Deceased was on the part of his/her senior staff, who was on the part of his/her battle, once again. 4) The Deceased was on his/her own life together with six senior noncommissioned Officers at the staff house of the unit to which he/she belongs.

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