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(영문) 대전고등법원 2020.04.17 2019누12218
보훈보상대상자 요건 비해당결정처분취소의
Text

1. Revocation of a judgment of the first instance;

2. On June 1, 2018, the Defendant rendered a decision on whether the Plaintiff constitutes a person eligible for veteran’s compensation.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in the corresponding part of the reasoning of the judgment of the first instance (from No. 2 to No. 15 of the judgment of the first instance), and therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act, the main text of Article 420 of the Civil Procedure Act.

(1) Five pages of the second fifth decision of the court of first instance shall be written by inserting " December 15, 2015" as " December 14, 2015."

(2) The Act on Persons Eligible for Veteran's Compensation shall be amended into "the Act on Persons Eligible for Veteran's Compensation" in the second twelveth sentence of the first instance court.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was committed suicide due to serious stress, such as the relationship between the deceased and the ex post facto death in the military, the burden of duties, etc., and the suicide.

Therefore, since the death of the deceased has a proximate causal relation with his/her performance of duties, the deceased constitutes a person eligible for veteran's compensation under Article 2 (1) 1 of the Patriots and Veterans Compensation Act.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 2(1) of the Patriots and Veterans Compensation Act provides that “A person eligible for veteran’s compensation, his/her bereaved family, or his/her family member (including a person who is provided for by other Acts to receive assistance, etc. under this Act) who falls under any of the following subparagraphs shall receive assistance under this Act” (Article 2(1)1 provides that “A soldier or a police fire-fighting officer killed in a disaster: A soldier or a police officer killed in the line of duty or during education and training (including a person who died of a disease) who is not directly

Here, “the performance of duties or the death during education and training” refers to cases where there is a proximate causal relationship between the performance of duties or the death of a soldier, etc., and the same applies to cases where the death of a soldier, etc

In addition, Article 2 (3) of the Patriots and Veterans Compensation Act is a requirement under each subparagraph of paragraph (1).

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