The plaintiff's claim is dismissed.

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

Details of the disposition

The deceased B (C biological male, hereinafter referred to as the "Death") is appointed as Staff sergeant at the Army on March 15, 1985 and served as a military police investigator at the Army Education Headquarters from April 15, 2004. The plaintiff is the deceased's spouse.

From December 5, 2017, the Deceased was assigned to the Military Education Headquarters D District of the Army Education Headquarters as an investigator, and he started to feel pain by being posted to the D District of the Army Education Headquarters on May 5, 2018.

On May 28, 2018, the Deceased died on August 20, 2018 when he/she was judged as liver cancer and was receiving the treatment.

On October 10, 2018, the committee for deliberation on general major thought of the Army Headquarters comprehensively examines the deceased's medical opinions, surrounding circumstances, and circumstances leading to death, etc., the death of the deceased resulting from aggravation of liver cancer during military service is related to public duties, such as performance of duties or education and training.

Article 60-23(1)2(c) of the former Enforcement Decree of the Military Judicial Act (amended by Presidential Decree No. 30891, Aug. 4, 2020) determined that the person is a person who died on duty as provided in attached Table 8-2-3-6 of attached Table 8-23(1)2(c).

Accordingly, the Plaintiff filed an application for a survivor pension with the Defendant due to the death of the deceased on official duty.

However, on February 19, 2019, the Defendant: (a) on the Plaintiff on February 19, 2019, “the Deceased is highly likely to proceed with liver and liver cancer as an liver infection B; (b) so strict management was not performed; and (c) it is difficult to view that liver cancer occurred due to overwork and stress; and (d) it is difficult to recognize the death of the Deceased in the line of duty.

A disposition rejecting the payment of a survivor pension (hereinafter “instant disposition”) was issued on the ground that it was the “instant disposition.”

[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap evidence Nos. 1 through 5 (including branch numbers, if any) and the purport of the entire pleading is legitimate.