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(영문) 부산지방법원 2016.03.09 2015구단1049
국가유공자유족등록거부처분취소
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 March 1, 1990, the deceased B (hereinafter “the deceased”) was appointed as a police officer on March 1, 1990 and was found to have been dead at the 1st bath room of the Busan Seodo Police Station around March 22:35, 2014 while serving as the head of the Busan Seodo Police Station C.

B. A doctor D, who examined the deceased’s body, deemed the deceased’s direct death as a acute funeral, and presumed the cause of the direct death as a acute fluence.

C. The Plaintiff, the deceased’s spouse, asserted that he died of overwork and stress, and applied for registration of a person of distinguished service to the Defendant.

On February 24, 2015, the Board of Patriots and Veterans Entitlement decided to the effect that it does not constitute the requirements for persons of distinguished service to the State because it is difficult to recognize that the deceased died due to a lack of direct cause of performance of duties or education and training directly related to national defense, national security, or the protection of the lives and property of the people. However, the Board of Patriots and Veterans Entitlement decided to the effect that there is a proximate causal relation between the occurrence or aggravation of the relevant disease and the performance of duties or education and training, and accordingly, decided to the effect that it constitutes the requirements for persons eligible for veteran’s compensation (the “instant disposition”). Accordingly, on March 17, 2015, the Defendant issued a notice to the Plaintiff on the determination that the deceased’s bereaved family

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 1 and 22, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he continued to work in excess of normal working hours before his death, night and holiday work, and even on the day of his death, he carried out the work immediately before his death. According to this, it is obvious that the police officer’s duty, who is directly related to the protection of the lives and property of the people, died as a direct cause.

Therefore, the deceased falls under the requirements of persons who rendered distinguished services to the State.

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