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(영문) 인천지방법원 2017.05.16 2016구단50089
상이사망비해당결정처분취소
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. B (hereinafter “the deceased”), the spouse of the Plaintiff, was recognized as a soldier or policeman wounded in action on June 25, 2006 as the “number of units, number of winnings, and number of units, and number of units, and the unsatising mar (hereinafter “instant wounds”) awarded in the Korean War, and was determined as falling under class 6(2)44 of class 6.

In around 2007, the deceased was diagnosed with her pre-permanent cancer at the Seoul Central Veterans Hospital and died on August 4, 2015.

B. On August 12, 2015, the Plaintiff filed an application with the Defendant for the recognition of different types of death under Article 12(3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sept. 15, 2011; hereinafter “former Act on Persons of Distinguished Service to the State”). On October 29, 2015, the Defendant issued a decision on the amount of loss resulting from the Plaintiff’s death (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died during the process of constant navigation cancer treatment. Although the Deceased’s pre-fabrance cancer was caused by the instant wound, the instant disposition based on a different premise is unlawful.

B. 1) Article 12(3) of the former Act on Persons of Distinguished Services to the State provides that “where a person who was killed or wounded in action, soldier or policeman wounded on duty, wounded on duty, wounded wounded on the April 19 Revolution, or wounded on the special contributor to the State died, compensation shall be paid to his/her bereaved family members only if the person died due to such wounds.” Article 20(1) of the former Enforcement Decree of the Act on Persons of Distinguished Services to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012) is a person of distinguished services to the State who is entitled to receive compensation

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