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(영문) 서울행정법원 2018.07.05 2017구합85368
국가유공자요건비해당결정취소
Text

1. The decision that the Defendant rendered to the Plaintiff on January 6, 2017 as not eligible for veteran’s compensation is revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On February 4, 1986, the deceased B (hereinafter “the deceased”) entered Korea on February 4, 1986, and had been on duty as the head of the Gun and the ammunition as the ammunition by being transferred to the D on April 29, 1986. On October 2, 1986, around 07:15, the deceased (hereinafter “the deceased”) launched one ball cartridges on his base at the inorganic machine and died on the site of two parts.

B. On July 7, 2016, the Plaintiff, a mother of the deceased, filed an application for registration of bereaved family members to the Defendant. However, on January 6, 2017, the Defendant rendered a decision on whether the deceased was eligible for distinguished service to the State or a person eligible for veteran’s compensation on the ground that “it is difficult to recognize that the deceased died in the course of performing duties or education and training directly related to the protection, etc. of the State, or that the deceased died as a direct cause for the military duties or education and training.”

(hereinafter “instant disposition”). C.

On March 9, 2017, the Plaintiff appealed to the Central Administrative Appeals Commission on the instant disposition, but was dismissed on September 12, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3, 4, 6, and 7, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the disposition is lawful;

A. The instant disposition that the deceased does not constitute a person who rendered distinguished services to the State or a person eligible for veteran’s compensation is unlawful, since the proximate causal relationship between the deceased’s performance of duty and the death

B. The report on the recovery of the deceased on October 3, 1986, on the grounds of the death of the deceased was recorded as “the death of the deceased, who was influorous bruent body, workless ability, etc., and who was influorous from the inside of the arms under his jurisdiction to the guns,” and the classification of the death was recorded as “suicide.” The report on the case investigation by the military police unit at the time of the deceased on October 2, 1986 on the deceased (No. 2 of the evidence No. 1 of the military police unit No. 1 of the deceased) was recorded as “the death of the deceased, who was influorous fluorous fluorous fluoring his work ability, etc., by making use of the

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