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(영문) 대구지방법원 2018.06.15 2017구단11713
국가유공자유족비해당결정취소
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. C, while serving in the Army on May 13, 2014, upon entering the Army, died of cerebral transfusion on December 15, 2015.

B. On January 19, 2016, Plaintiff B, the mother of the deceased C (hereinafter “the deceased”), filed an application for the registration of bereaved family members with the Defendant on January 19, 2016. However, on July 21, 2016, the Defendant rendered a disposition of refusal of the registration of bereaved family members of the State (hereinafter “instant disposition”) on the ground that: (a) the deceased was a sick person living in barracks for 24 hours; (b) the deceased was determined to have a substantial causal relationship with his duty or education and training; and (c) the disease of this case fell under the requirements for the persons eligible for veteran’s compensation; (d) the disease of this case was relatively rare and most frequently revealed; (e) there was a medical opinion that the deceased died; (e) there was no objective document that the deceased died as a direct cause for performing duties or education and training directly related to national defense and security, or the protection of the lives and property of the people, and thus, the deceased did not constitute the requirements for persons of distinguished service to the State.

C. Plaintiff B filed an objection against the Defendant on August 16, 2016, but the Defendant dismissed the said objection on November 3, 2016.

Plaintiff

B filed an administrative appeal against the instant disposition on November 15, 2016, and the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on August 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, and Eul evidence 6 to 9 (including provisional number), the purport of the whole pleadings

2. We examine whether the plaintiff A’s lawsuit is legitimate, ex officio, whether the plaintiff A’s lawsuit is legitimate, and in this case the plaintiff A applied for registration of bereaved family members to the defendant.

It is recognized that the defendant made a disposition to refuse to register as bereaved family members of a person who rendered distinguished services to the plaintiff A.

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