(영문) 대전지방법원 2016.11.02 2015구합104618

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(영문) 대전지방법원 2016.11.02 2015구합104618

순직 비해당 결정 처분 취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On March 1, 2004, the Plaintiff’s ASEAN (hereinafter “the deceased”) served as the so-called the Army on March 1, 2004, two-lanes of C and D on April 27, 2007 while serving as the C and D.

On May 19, 2007, the Deceased was found to have died in a container used as a evarition.

B. On July 11, 2014, the Plaintiff filed a civil petition with the National Defense Investigation Headquarters prior to the Ministry of National Defense for a re-audit of the deceased’s death. On February 16, 2015, the Director General of the National Defense Investigation Headquarters sent a civil petition for the death of the deceased on the following grounds: “The deceased was selected as a stage C by the 7th Public Service Corps while handling only a simple administrative work at the 7th Public Service, but he was concurrently employed for up to 22:00 each day by concurrently holding D after the death of the deceased, and requested the Central Review Committee of National Defense to review the matters regarding the death classification of the deceased, on the ground that D roles are insufficient from the illness on April 27, 2007 to the death of May 19, 2007.”

C. On April 30, 2015, the Central Major Death Review Committee of the Ministry of National Defense made a decision that the deceased did not meet the requirements for death on duty in the attached Table 1 of the Directive on the Disposal of Persons of Former Construction (Ordinance No. 1691 of the Ministry of National Defense, August 28, 2014). On June 2, 2015, the Defendant notified the Plaintiff of the result of the said decision.

(hereinafter “Notification of this case”). [Ground of recognition] / Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s notification of this case’s main safety defense is merely to confirm the facts as a result of the death of the soldier, and it directly affects the rights and obligations of the people.

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