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(영문) 전주지방법원 2020.07.08 2019구단262
재해부상군경유족결정처분취소
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

Basic Facts

A. The Plaintiff is a parent of C who died on January 30, 2018 (hereinafter “the deceased”).

B. On December 1, 2011, the Deceased was transferred to the Army Staff Staff.

From January 15, 2015, the deceased aggravated symptoms, such as the brudation and crudation, etc., and was confirmed on January 23, 2015, and continued to receive hospitalized treatment, and was discharged from military service on November 30, 2015.

C. On December 31, 2015, the Deceased filed an application with the Defendant for registration as a person of distinguished service to the State, etc. on the ground that the causal link between the instant wounds and the military performance of official duties cannot be recognized on May 9, 2016, the Defendant rendered a non-specific decision on the requirements for a person of distinguished service to the State and a decision on non-specific requirements for a person of distinguished service to the State (hereinafter “instant first disposition”).

The Deceased filed a lawsuit seeking revocation of the instant First Disposition with the Jeonju District Court 2016Gudan469, and on December 13, 2017, the said court rendered a judgment revoking the instant first Disposition’s non-conformity of the requirements for persons eligible for veteran’s compensation among the instant First Disposition on the grounds that proximate causal relation between the Deceased’s training during military service and the instant injury is recognized.

E. The Defendant appealed against the above judgment, and the Deceased died from the chronic renal failure on January 30, 2018 while the appellate court was pending.

The appellate court has closed the pleadings on May 28, 2018 and the same year after closing the pleadings.

8. 20. 20. Declaration of the Termination of the Action following the Death of the Deceased.

F. On May 31, 2018, the Plaintiff, as a bereaved family member of the Deceased, filed an application for registration of bereaved family members, etc. with the Defendant.

On October 15, 2018, the Defendant recognized the instant wounds as wounded in performing official duties under the Act on Support for Persons Eligible for Veteran’s Compensation, and issued a disposition to determine the Deceased as a soldier, police officer, or employee.

G. The defendant.

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