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(영문) 인천지방법원 2017.12.12 2016구단51488
국가유공자유족비해당결정취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant limited to the Plaintiff on September 21, 2016.

Reasons

1. Details of the disposition;

A. On March 24, 2015, the Plaintiff’s ASEAN (hereinafter referred to as “the deceased”) entered the Army as the “Pest Flood Control Disease,” and completed new illness training, and was assigned as the 1st B B B B B major D major, 80 U.S., 205, May 1, 2015.

B. From Jun. 1, 2015, the Deceased performed his/her duties as a Major Telecommunications Soldiers from Jun. 1, 2015. From Oct. 29, 2015, the Deceased, who was put into the GOP operations boundary in Gyeonggi-do, Gyeonggi-do on Dec. 29, 2015, and was working in F, committed suicide by launching a small gun possessed in a toilet on Feb. 16, 2016, after commencing the duty and returning it to the situation room at around 04:54 on the same day.

C. On July 25, 2016, the Plaintiff applied for the registration of bereaved family members of a person who has rendered distinguished services to the Defendant. Accordingly, on September 21, 2016, the Defendant rendered a decision to the Plaintiff on the ground that “It is difficult to deem that the deceased died in the course of performing military duties or education and training directly related to the national defense, etc. or died in proximate causal relation with military duties and education and training” (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”) under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Support for Persons Eligible for Veteraned Services (hereinafter “the Act on the Honorable Treatment of Persons of Distinguished Services to the State”)

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 2 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a serious communication disease and committed suicide under the conditions of lack of normal perception or judgment due to extreme lack of waters and heavy stress in the course of performing his/her duties. As such, there is a proximate causal relationship between the deceased’s suicide and the performance of his/her duties.

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