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(영문) 인천지방법원 2017.07.11 2016구단51525
국가유공자요건비해당결정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a member of the network B (hereinafter referred to as “the deceased”), and the Deceased was classified as public interest service personnel while serving as active duty servicemen in the Chungcheong Provincial Police Agency on October 17, 201, and was discharged from military service on October 1, 2013, when serving as active duty servicemen in the Southern-gu Incheon Metropolitan City Office from April 8, 2013, and was discharged from military service on October 1, 2013.

B. On May 25, 2016, the deceased filed an application for re-registration of persons of distinguished service to the State with different applications for “mental fission (hereinafter “the instant case”) to the Defendant, stating that “The deceased had been under the jurisdiction of the Chungcheongnam-do Police Station as a combat police force, and had been hospitalized after receiving hospitalized treatment due to excessive charge, depression, mental fissionation, etc., but he had been under treatment with a mental fission until now, and has been living in an abnormal manner, such as suicide.”

C. However, around 14:31 on June 30, 2016, the Deceased died from the cargo engine by leaving the stone in the Twit Station located in the Namdong-gu Incheon Metropolitan City. On September 13, 2016, the Defendant rendered a non-determined disposition on the basis that it is difficult to recognize a proximate causal relationship between the instant wounds and the military performance of the deceased’s duty, and thus, it is difficult for his bereaved family members to recognize a proximate causal relationship between the two wounds and the deceased’s duty performance (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. On the premise that there is a proximate causal relationship between the deceased’s performance of official duties and the injury of this case, the Defendant asserted that the instant lawsuit is unlawful, since the Plaintiff, which was a mere reference of the deceased, has no legal interest to seek cancellation of the instant disposition.

(b) by decision 1 administrative agencies, their rights or laws are protected by the disposition of the administrative agency;

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