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(영문) 수원지방법원 2015.11.04 2015구단31538
국가유공자유족등록거부처분취소
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. On April 2, 2002, the Plaintiff’s deceased on November 2, 2004 when entering the Army and serving in the military as the deceased.

B. On July 15, 2009, the Plaintiff filed an application with the Military Search and Inspection Committee for the examination of the deceased’s actual condition of death. On July 15, 2009, the said Committee was punished for the investigation of the cause of the deceased’s death, and determined that the deceased placed a mental disorder equivalent to depression on the grounds of duties, such as inappropriate assignment of the units, excessive duties, and instructions of superior officers’ improper and inappropriate duties, and that the cause of the death was caused by failure to take appropriate measures and management of the units, despite the discovery of the signs of self-injury, and thus, the Committee requested the Minister of National Defense to review the matters pertaining to the classification of the deceased’s death.

C. On June 14, 2013, the Plaintiff filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State with the assertion that the deceased died after verbal abuse and bathing from his/her superior during the performance of his/her duties.

After deliberation and resolution by the Board of Patriots and Veterans Entitlement, on February 11, 2014, the Defendant rendered a decision on the registration of a disaster death-gun (bereaved Family Members) and police officer (hereinafter referred to as “disposition of this case”) to the effect that the deceased does not meet the requirements of the requirements of the deceased and killed in the line of duty.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the Military Search and Inspection Committee also recognized the deceased’s death as the deceased’s death, and the deceased’s duty as a military supply officer constitutes a job directly related to national defense, security, etc., and the occurrence of a serious mental disease equivalent to depression, which occurred in the course of performing such work, caused the death, due to excessive occupational stress.

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