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(영문) 서울행정법원 2014.05.28 2012구단24033
국가유공자및유족비해당결정처분취소
Text

1. The Defendant’s disposition that rendered to the Plaintiff on July 17, 2012 pertaining to the person rendering distinguished services to the State (bereaved family members) shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is the father of the deceased B (hereinafter “the deceased”), and the deceased was appointed as the Army Noncommissioned Officers on April 1, 201, and was killed on November 20, 201, while serving in the 23th Military Soldiers Maintenance Team C, the deceased was killed on November 20, 201.

B. On May 11, 2012, the Plaintiff filed an application with the Defendant for registration of a person who has rendered distinguished services to the State (bereaved family members) in relation to the death of the deceased, but the Defendant did not approve the application on July 17, 2012 on the ground that there was no proximate causal relation with the death of the deceased

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, A 1 through 3-1, B 1 through 3, 8

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased committed suicide because he did not visit the body, bullying, and heavy duties while in military service. Therefore, there is a proximate causal relation with the deceased’s performance of military duties.

Therefore, the instant disposition taken on a different premise is unlawful.

B. From November 19, 201, the Deceased, from around 18:00 on November 19, 201, performed drinking, such as drinking alcohol by dividing 10 soldiers from the main point of “G” located in Sam-si with noncommissioned Officers D, Staff E, and F.

At around 00:44 on November 20, 201, the Deceased, on the ground that he/she appeared to have his/her age from the above E, he/she met 2 times, and he/she followed her clocks in two times before the above main points, and twice back water from the corridor of the building in the above main points.

At around 03:00 on the same day, the above D collected the following noncommissioned officers, including the Deceased, on the front-side rooftop of the Deceased, and filled up them. The above E did not have a proper hearing of the Deceased, on the ground that he did not have a proper hearing of the deceased, 2 times back to the left shoulder of the Deceased, and 2 times back to the back of the deceased on the hand floor.

At around 12:58 of the same day, noncommissioned officers on duty found the deceased who concealed the timber at the rest room in C. C.

The body of the deceased discovered at this place is "dwarficial life in the event of irregularities."

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