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(영문) 서울행정법원 2016.06.03 2014구단58238
국가유공자유족등록거부처분 등 청구의 소
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. On May 16, 201, the deceased B (hereinafter “the deceased”) entered the Army, and served as a medicine disease at the stage of the front platform of the front platform of the front platform (hereinafter “instant unit”) from July 25, 2011 (hereinafter “the instant stage”).

B. From January 29, 2012 to 03:00 on January 29, 2012, the Deceased committed suicide by launching one ball cartridges on his base with K-2 small guns holding at around 04:30 on the same day while he was on the boundary duty under the very high-priced guard guard C along with two soldiers who were on duty in the instant unit located in the Myeon of Gangwon-do.

C. On July 17, 2013, the Plaintiff, the father of the deceased, applied for registration of a person of distinguished service to the deceased pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”).

[The Act on Support for Persons Eligible for Veteran's Compensation (hereinafter "Act on Support for Persons Eligible for Veteran's Compensation").

(iv) a person eligible for veteran's compensation shall be deemed to have filed together with the person eligible for veteran's compensation pursuant to Article IV, paragraph 2.

However, on November 19, 2013, the defendant decided that the deceased does not constitute a person who rendered distinguished services to the State or a person eligible for veteran's compensation.

(hereinafter “instant disposition”) e.

The plaintiff appealed against this and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a dismissal ruling on August 19, 2014.

[Ground of recognition] In the absence of dispute, entry of Gap's Nos. 1, 2, 3, 12, Eul's evidence Nos. 1 through 12 (including a serial number; hereinafter the same shall apply), the inquiry result of the fact-finding with respect to the Chief of the Law Office of the First Field Military Command, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made by the Defendant’s continuous assault and harsh treatment from the appointed soldiers, and the commander or executive officers were also bound by several times in relation to the use of leave, work, etc., and the Defendant passed a resolution on suicide while performing an excessive work as a medicine soldier.

b) the Commission;

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