(영문) 대구지방법원 2019.06.21 2018구단11147

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(영문) 대구지방법원 2019.06.21 2018구단11147

보훈보상대상자 요건 비해당 결정 처분 취소

Text

1. On May 29, 2018, the Defendant’s decision that the Plaintiff was not eligible for veteran’s compensation is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 1, 2002, the Plaintiff’s spouse (hereinafter “the deceased”) was appointed as a court official on July 1, 2002, and served in the same court E registry as the D District Court by January 10, 2006. From January 11, 2006 to December 6, 2013, the Plaintiff was working in B District Court and F branch, and was in charge of the receipt of individual rehabilitation and bankruptcy certificate in B district civil applications and the receipt of bankruptcy case.

B. On December 6, 2013, the Deceased set aside around 22:20 from the Triday, and locked on the new wall. On December 7, 2013, the Deceased was diagnosed as having died before two hours prior to the discovery of the face of 08:00 on December 7, 2013 and sent back to the hospital.

C. On September 19, 2017, the Plaintiff filed for registration as bereaved family members to the Defendant, but on May 29, 2018, the Defendant rendered a decision that the deceased died on May 29, 2018 on the ground that the deceased’s performance of duties or education and training directly related to the protection of the lives and property of the citizens cannot be deemed to fall under the requirements for persons who have rendered distinguished services to the State, and that it cannot be deemed that the deceased died as a result of rapid aggravation of the performance of duties or education and training directly related to the protection of the lives and property of the citizens, or that the non-performance of duties or education and training was caused by the rapid aggravation of the outbreak of duties or the progress of nature due to the cause of the non-performance of duties or education and training beyond the natural progress (hereinafter “the instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 3 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 11, 201, the Plaintiff’s assertion was issued on July 11, 201 as civil execution and preservation practice officers and entrusted payment.

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