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(영문) 광주지방법원 2018.12.13 2017구단11049
보훈보상대상자비해당결정처분취소
Text

1. On July 25, 2017, 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. The Plaintiff was the mother of the deceased B (hereinafter “the deceased”). On February 16, 2016, the deceased entered the Army and was on duty as a shooting disease in the 32rd Cpool Cpool, and died on August 12, 2016 through an emergency stairs window between approximately 16 and 17 stories, which was approximately 5km away from the unit affiliated with the A.M. on August 12, 2016.

B. On April 12, 2017, the Plaintiff applied for registration as a bereaved family member of a person eligible for veteran’s compensation. However, on July 11, 2017, the Board of Patriots and Veterans Entitlement died due to the deceased’s performance of military duties or education and training directly related to national defense and security or the protection of the people’s lives

It is determined that it is difficult to recognize that a person of distinguished service to the State or a person eligible for veteran's compensation died due to a substantial causal relationship with the performance of military duties or education and training, and the defendant decided not to meet the requirements for persons of distinguished service to the State or a person eligible for veteran's compensation, and the defendant decided not to meet the requirements for persons of distinguished service to the State or the person eligible for veteran's compensation.

A. [The facts that there is no dispute over the basis of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff died on the ground that there was a proximate causal relation with public duties due to the death of the deceased as a result of an increase in the psychological apprehension due to the multiple causes caused by negligence in the management of the military unit after the transfer of the unit to which he belongs, is unlawful.

B. The Plaintiff entered the Army on February 16, 2016, and completed five weeks’ training at the 32th Military Service Education Team at the 32th Military Service Corps (hereinafter “instant unit”) on March 29, 2016.

(2) The Deceased was killed during the four-month period of shooting direction soldier’s duty. (3) The Deceased’s father and her home-based mother engaged in the e-date construction work within the 2-1st son’s life.

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