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(영문) 대구지방법원 2018.11.09 2018구단1447
국가유공자요건비해당결정취소 등
Text

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

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

Reasons

1. Details of the disposition;

A. On December 11, 1964, the deceased B (hereinafter “the deceased”) died on September 15, 1973 as a person who was discharged from the Army on December 11, 1964. (b) On January 15, 2018, the Plaintiff, the deceased’s spouse, was the Defendant on January 15, 2018, who was the spouse of the deceased and was buried in the common cemetery of the military unit, in opposition of the Plaintiff who was the spouse of the deceased.” However, on July 4, 2018, the Defendant applied for registration of bereaved family members of a person of distinguished service to the State on the ground that “It is difficult to recognize that the deceased died while performing duties or education and training directly related to national defense or the protection of the lives and property of the people, or that there was a proximate causal relation with other military units or education and training (hereinafter “each disposition of this case”).

[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 1, 2, and 7 (each entry, including serial numbers, the purport of the whole pleadings)

2. Whether each of the dispositions of this case is legitimate

A. In order to constitute a soldier or policeman who died on duty under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), a soldier, a police officer, or a fire-fighting official who was directly involved in the national defense or security, or the protection of people’s lives and property shall be the deceased (Article 4(1)5 and (2) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, Article 3(1)3 [Attachment 1] and

The evidence presented by the plaintiff alone is recognized that the deceased died due to a direct reason for the performance of duties or education and training directly related to national defense and security or the protection of the people's lives and property.

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