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(영문) 대구지방법원 2016.08.19 2016구단10065
국가유공자유족비해당결정취소
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 January 8, 1955, while serving in the Army on January 3, 1954, the deceased B (hereinafter “the deceased”) was hospitalized in the Water Supply and Military Hospital on January 8, 1955, and was discharged from the hospital on January 17, 195. On August 8, 1955, he was discharged from the hospital on October 15, 195.

B. The Plaintiff, as the wife of the Deceased, was discharged from military service due to the outbreak of “mental disease, brain salute, and kiditis” (hereinafter “each of the instant wound”) while serving in the military, and was discharged from military service at a hospital near his domicile for about two months, and died on December 1955, but was reported as of January 15, 1957. The Plaintiff filed an application for registration with the Defendant for bereaved family members of distinguished service to the State on February 23, 2015.

C. On October 29, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that “each of the instant injury and disease occurred while serving in the military, and specific and objective supporting materials that can be recognized as having died after discharge cannot be verified as direct cause of the injury and disease” against the Plaintiff that does not constitute persons who rendered distinguished services to the State and persons eligible for veteran’s compensation.

【Facts without dispute over the grounds for recognition, entry of Gap 5 and Eul 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the injury or disease of this case occurred while serving in the military as healthy body, and the injury or disease of this case occurred during the military service. As the injury or disease of this case was in proximate causal relation with the performance of military duties or education and training, and the death of only two months after the removal, it can be presumed that the Defendant died as a direct cause of the above disease. However, the Defendant’s disposition of this case was unlawful

B. (1) The determination is different from the performance of duties or education and training to constitute “a wound in the performance of duties or education and training” under Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and Article 2 Subparag. 2 of the Act on Support for Persons Eligible for Veteran’s Compensation.

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