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(영문) 서울고등법원 2016.12.22 2016누37449
유족보상금 부지급 등 처분 취소
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

The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as set forth in the following paragraph (2). Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. In addition, the part which is dismissed or added, the "Plaintiff" in the 7th fifth of the judgment of the court of first instance shall be understood as "the deceased."

The "Public Officials Pension Act" in the seventh 14th sentence of the first instance court is regarded as "former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015)".

The following shall be added to the "points" of the 7th 11th 11th of the first instance judgment:

④ The Plaintiff asserted to the effect that, around March 2008, the removal of the 205 Special Provision Group to which the Deceased belongs and the replacement of the 3rd group was made, the civilian military employee’s organization was reduced from three to one unit. From that time, the Plaintiff was in charge of the installation of the brigade alone. From August 1, 1995 to March 11, 201, 17, when commuting to his/her workplace for about 17 years, one year prior to the death of the deceased and was separated from his/her family. However, the Plaintiff asserted to the effect that, as long as the removal of the 205 Special Provision Group to which the deceased belongs was carried out, the removal of the 3rd group’s equipment was separated from the deceased’s family, and that, even after the death of the 1st group, the 2nd group’s equipment was transferred, the Plaintiff appears to have been sufficiently supported by the deceased’s 3rd group’s environmental change.

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