logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2016.01.28 2013구합20173
상이사망 인정거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) entered the Army on June 16, 1953 and participated in the 625 War, and was discharged from military service on March 24, 1954.

B. On August 31, 2006, the Deceased was registered as wounded in action under Class 6, Paragraph 2, Item 43 of Article 6 of the Disability Ratings, with the recognition of “the two sides of the cupage cupage (hereinafter “the two”).

C. On December 30, 201, the Deceased died while being hospitalized at the Young-do Young Medical Center around 05:02.

On January 19, 2012, the Plaintiff filed an application for recognition of different types of death under Article 12(3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201; hereinafter “former Act on Persons of Distinguished Services to the State”).

On May 2, 2012, the Defendant rendered a non-applicable decision for the death of injury (hereinafter “instant disposition”) on the ground that the instant injury did not constitute death as a direct cause.

E. The Plaintiff dissatisfied with the instant disposition and filed a petition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s petition on December 18, 2012.

【Ground of recognition】 The descriptions of evidence Nos. 3, 4, and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the disease of the deceased who continued to receive treatment of the disease of this case led to the death of the deceased who received treatment of chronic pulmonary pulmonary pulmonary disease, waste collection, and cage cage cage cage, and thus, it is unlawful to determine otherwise even though there is a proximate causal relation between the disease of this case and the death of the deceased.

(b) as shown in the attached Form of the relevant statutes;

C. (1) The deceased was hospitalized in the Army Hospital on February 98, 1954 while serving in the military on June 16, 1953.

arrow