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(영문) 대구지방법원 2017.09.15 2016구단11433
보훈보상대상자 비해당 결정처분 취소의 소
Text

1. On July 4, 2016, the Defendant’s disposition of non-conformity with the requirements for persons eligible for veteran’s compensation rendered to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2013, as a middle school teacher appointed on March 1, 2004, the network B (hereinafter “the network”). From March 1, 2013, as a middle school teacher, he/she was working as a inter-high school supervisor at Cmiddle School. The “D Games” implemented in Yangyang-do, Gangwon-do, was used in a lodging room on June 23, 2014, during a business trip as a student player's leader and management, and was sent to the E hospital, but was killed due to the cardiopulmonary suspension around 22:45 on the same day.

B. On January 30, 2015, the Plaintiff, as the wife of the Deceased, filed an application for registration to the Defendant, but the Board of Patriots and Veterans Entitlement deliberated and decided on June 3, 2015 on the following grounds: (a) on the ground that the Deceased neglected to provide medical treatment or health care, on the ground that he/she neglected to provide medical treatment or health care, even though he/she was suspected of urology, high blood pressure, abnormal urology, and urology.

C. On April 22, 2016, the Plaintiff filed an application for re-registration with the Defendant to grant distinguished services to the State. On July 4, 2016, the Defendant rendered a decision non-conformity with the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that (i) the Deceased died of a disease directly attributable to the performance of duties or education and training directly related to national defense, security, or the protection of the lives and property of the people; and (ii) the Plaintiff cannot be deemed to have died of a disease rapidly aggravated due to the outbreak of duties or education and training due to a sudden aggravation of natural progress.

The Plaintiff, who was dissatisfied with the aforementioned determination of non-conformity of persons eligible for veteran’s compensation (hereinafter “instant disposition”), filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 5, 13 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made by both C and C and C in charge of C and C’s inter-school supervision.

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