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(영문) 대전고등법원 2016.09.21 2016누10297
국가유공자유족등록거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) was appointed as a police officer on October 5, 191, and from February 3, 2012, the D police station guard and the traffic control division were on duty as a police officer.

B. On September 12, 2012, at around 14:45, the Deceased, while driving a Fystnas patrol vehicle (hereinafter “instant patrol vehicle”) from the E Tri-distance (hereinafter “instant Tri-distance”), entered the Sam-distance Intersection as is without stopping a stop on the stop line, and then died (hereinafter “instant traffic accident”) due to a traffic accident, which conflicts with the first five tons truck (hereinafter “instant truck”) of the first modern five tons, directly left to the H direction from the left side of the direction of the course when the red report was changed to the direction of G, with green lines (hereinafter “instant traffic accident”).

C. On October 24, 2012, the Plaintiff, a spouse of the deceased, claimed compensation for survivors to the Public Officials Pension Service, and on October 24, 2012, the Public Officials Pension Service rendered a decision on gross negligence on the part of the Plaintiff (hereinafter “decision on gross negligence”) pursuant to Article 62(3) of the former Public Officials Pension Act (amended by Act No. 12600, May 20, 2014; hereinafter “former Public Officials Pension Act”).

The Plaintiff filed a request for review of gross negligence with the Public Official Pension Benefit Review Committee. On January 15, 2013, the Public Official Pension Benefit Review Committee revoked a decision on gross negligence on the ground that “The Deceased’s negligence is recognized as to an accident caused by the deceased’s breach of signal, but it is difficult to view it as a gross negligence.”

On February 8, 2013, the Plaintiff filed a claim for the dismissal of survivors of public officials who died on duty, and the Minister of Security and Public Administration (the Minister of Security and Security) on April 30, 2013, after deliberation by the Committee for Deliberation on Compensation for Death, for the Plaintiff’s duty patroled the Plaintiff to check the road situation.

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