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(영문) 춘천지방법원강릉지원 2015.08.13 2014구합3366
국가유공자요건비해당결정취소
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 deceased B (hereinafter “the deceased”) was appointed as a fire-fighting officer on February 13, 1990, and served as the C chief of a fire station from January 201 to January 13, 2013, and died as a private person presumed to have been influence of the heart on January 13, 2014, and the Plaintiff is the wife of the deceased.

B. On March 19, 2014, the Plaintiff filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the Defendant. On September 11, 2014, the Defendant rendered a decision that each of the persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) was ineligible on the ground that the injury (including illness) of the deceased was not verified as related to national security or other official duties.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the death of the deceased was directly related to the protection of the lives and property of the people or due to the performance of duties not directly related thereto, since the deceased died in the work site due to the cardio-fluence caused by continuous overwork and stress due to the dispatch of the site to the C chief of a fire station, special boundary service, excessive work, etc.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) In order to constitute “a person who died during the performance of duties or education and training (including a person who died of a disease)” as referred to in Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, there should be a proximate causal relation between the performance of duties, education and training

The existence of the proximate causal relationship is proved by the assertion, but it is not necessarily required to be proved by medical or natural science, and it is related to the performance of duties or education and training considering all the circumstances.

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