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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. The deceased B (hereinafter “the deceased”) entered the Gun on June 14, 1953, and died of the deceased’s chronymosis on November 11, 1955 (hereinafter “the instant wound”). The plaintiff is the deceased’s son.
B. On August 21, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State (bereaved Family Members) on the ground that the deceased died while in the military life. On January 6, 2015, the Defendant died in the course of performing his/her duties or education and training.
A disposition was made that persons who have rendered distinguished services to the State or persons eligible for veteran's compensation are not recognized as having died as a direct cause of military duties, education, training, etc.
C. On March 30, 2015, the Plaintiff filed an administrative litigation. On December 10, 2015, the Defendant rendered the instant disposition to the effect that the Deceased does not fall under the requirements of Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) but falls under the requirements of Article 2(1)1 of the Act on Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Services to the State”).
【Unfounded facts, entry of evidence Nos. 1, 2 and 9, and the purport of the whole pleadings】
2. Whether the instant disposition is lawful
A. On November 1, 1955, the Plaintiff asserted that the deceased died from the instant wound in an inferior environment in around 1955 while serving in the first place on January 25, 1954, and there is no ground to readily conclude that the deceased’s above disease was caused from the outside of the military team, and therefore, it is difficult to medically exclude the occurrence of infectious diseases and the relationship between military service and the outbreak of infectious diseases of the deceased. Accordingly, it should be deemed that the deceased was a person who suffered from an acute disease while performing duties directly related to the protection of the lives and property of the people and died.
B. (1) Determination is made by the Plaintiff’s Act on Persons of Distinguished Service.