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(영문) 대구지방법원 2020.01.31 2018구단10137
국가유공자 및 보훈보상대상자 비해당 결정 취소 청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s eligibility for veteran’s compensation against the Plaintiff on November 7, 2017.

Reasons

1. Details of the disposition;

A. On October 23, 1996, the Plaintiff’s spouse (hereinafter “the deceased”) was appointed as fire-fighting officials and served as fire-fighting workers and rescue and first-aid workers in the Dongdaemun-gu Seoul Fire Station, the race fire-fighting team, and the Portnam Fire-Fighting Center, and died on February 4, 2015, after receiving a diagnosis of “non-human cancer” (hereinafter “the instant injury and disease”), while performing medical care after the navigation cancer treatment, on March 5, 2016.

B. On June 20, 2017, the Plaintiff filed an application for registration of bereaved families of persons of distinguished service to the State on the ground that the deceased was exposed to harmful substances, smoke, etc. during the course of fire extinguishment and performance of duties as an emergency medical service worker, and died therefrom. On November 7, 2017, the Defendant rendered a disposition against the Plaintiff that on November 7, 2017, the deceased does not fall under the requirements for persons of distinguished service to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”) prescribed by the Act on the Support for Persons of Distinguished Service to the State and Persons Eligible for Veteran’s Compensation (hereinafter “the Act on the Honorable Treatment of Persons of Distinguished Service to the State”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings

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

A. The Plaintiff’s assertion was appointed as a fire-fighting official, and was exposed to smoke and various harmful substances during the performance of fire extinguishment and rescue and first-aid services for a period of 19 years and four months. From June 2014 to November 201 of the same year, the Plaintiff’s stress caused by excessive overtime work by performing the average overtime work hours of 54 hours, night work hours, 84 hours, and 3.6 days on holidays.

The deceased’s injury or disease was caused by the above occupational environment and excessive duties, and there is a proximate causal link between the deceased’s performance of duties and the injury or disease of this case.

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