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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff’s son B (hereinafter “the deceased”) entered the Gun on December 1, 2008.
B. From January 10, 2009, the deceased completed the education and training for six weeks after entering the National Armed Forces, and received four weeks’ training at the General Gun School. From February 4, 2009, the deceased was hospitalized at the National Armed Forces Daejeon Hospital on May 21, 2009, and was discharged on June 11, 2009 and continued to work, the deceased was hospitalized at the National Armed Forces Daejeon Hospital again on July 2, 2009, and was transferred to the F Hospital from August 10, 2009 to the F Hospital. The deceased died on October 10, 2009.
C. On February 21, 2013, the Plaintiff asserted that the deceased was suffering from non-refinite species during his service as a carbon agreement reserve soldier (hereinafter “instant injury”), and filed an application for registration with the Defendant for distinguished service to the State.
On June 4, 2013, the Board of Patriots and Veterans rendered a deliberation and resolution on the Plaintiff’s application that does not fall under Article 4 subparag. 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), but falls under subparagraph 14 of attached Table 1 of the Enforcement Decree of the Act on Support for Persons of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”).
E. Accordingly, on June 25, 2013, the Defendant notified the Plaintiff that he/she constituted Article 2(1)1 of the Patriots and Veterans Compensationer Act.
(F) Of the above dispositions, the part that does not fall under the category of persons who died on duty under the Act on Persons of Distinguished Service to the State (hereinafter “instant disposition”). The Plaintiff appealed against this and the Defendant filed an objection with the Defendant. On November 14, 2013, the Board of Patriots and Veterans Entitlement notified the Plaintiff of the result of a review conducted by the Board of Patriots and Veterans Entitlement that the deceased was deliberated
[Ground of recognition] Facts without dispute, Gap evidence 6-1, 2, Eul evidence 1, 2, 3, 10, and arguments.