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(영문) 서울행정법원 2016.07.22 2015구단50866
상이사망인정거부처분취소
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. The Plaintiff’s spouse, B, a Vietnam War veteran, was recognized as a wounded veterans, and registered as a Class 6 soldier or policeman wounded in action (hereinafter “instant wounds”), and died at C Hospital around 12:52 on May 1, 2014.

(hereinafter referred to as “the deceased”) b.

The Plaintiff filed an application with the Defendant for recognition of the death of wounds under Article 12(3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201; hereinafter “former Act on Persons of Distinguished Services to the State”). On December 8, 2014, the Defendant rendered a decision on non-existence of injury (hereinafter “instant disposition”) on the ground that the Deceased’s death does not constitute a case where the Deceased died as a cause of the instant wound following the deliberation and resolution of the Board of Patriots and Veterans.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died as a direct cause due to the aggravation of the injury of this case, and thus, the instant disposition made by the Defendant on a different premise is unlawful, notwithstanding the existence of proximate causal relation between the injury of this case and the death of the deceased.

B. Article 12(3) of the former Act on Persons of Distinguished Service to the State provides that “where a person falling under a disability rating prescribed by Presidential Decree among soldiers and police officers wounded in action, soldiers and police officers wounded in action, persons wounded in the April 19 Revolution, persons wounded in the April 19 Revolution, or persons wounded in the April 19 Revolution dies, compensation shall be paid to his/her bereaved family members only if he/she died of such wounds.” Article 20(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 23885, Jun. 27, 2012) provides that “in cases of death pursuant to Article 12(1)2 of the Act, persons and police officers wounded in action or on duty

(b).

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