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(영문) 수원지방법원 2021.03.25 2020구합74277
손해배상(국)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Case history

A. On September 18, 2007, the Plaintiff’s son B (C birth, hereinafter “the Deceased”) entered the Army on September 18, 2007, and served as a temporary station of an excursion ship in the 17th Armed Forces of the Army on November 2, 2007 at the 17th National Cemetery E Company of the 17th National Army.

On November 20, 2007, the deceased was administered through the 400-mnive window of military personnel in barracks with approximately 400 meters away from around 18:20 on November 20, 2007, and was discovered by the executive officers under his/her control and was transferred to F Hospital. However, around 20:40 on the same day, the deceased died due to multi-dive organs damage on the same day.

B. On October 27, 2017, the Central Committee for Deliberation on Major History of the Ministry of National Defense decided the death classification of the deceased in the form of “the death classification of the deceased.” On November 13, 2017, the Chief of Staff of the Army issued a written confirmation of death confirmation to the Plaintiff that the deceased died on duty (III).

(c)

On November 20, 2017, the Plaintiff filed an application for registration of a person of distinguished service to the deceased and an application for registration of a person of distinguished service to the Plaintiff himself/herself as a national bereaved family member pursuant to Article 6 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter “Act of Distinguished Service to the State”).

The head of the South Korean Veterans Branch of Gyeonggi-do did not meet the requirements of Article 4(1)5 of the Act on the Support for Persons Eligible for Compensation for Veterans (hereinafter “the Act on the Compensation for Veterans”) and met the requirements of Article 2(1)1 of the Act on the Support for Persons Eligible for Compensation for Veterans (hereinafter “the Act on the Compensation for Veterans”), and notified the Plaintiff on April 17, 2019, on the following grounds: (a) the deceased was determined as the deceased’s person eligible for compensation under the Act on the Compensation for Veterans; (b) the deceased was determined as his/her bereaved family member; and (c) the deceased was registered as his/her bereaved family member; and (d) the deceased was notified on April 17

[Ground of recognition] Unsatisfy, Gap 1, 4, and 9's evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion died on November 20, 207, but the Defendant delayed for a long time, and recognized the Deceased as the deceased’s death in April 17, 2019.

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