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(영문) 광주지방법원 2017.06.22 2014구단628
추가상이처인정거부처분취소
Text

1. On November 6, 2013, the Defendant’s revocation of a disposition rejecting recognition of additional wounds made against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Details of disposition;

A. On November 23, 1984, when the deceased B (hereinafter “the deceased”) worked as a fire-fighting officer belonging to the Gwangju Metropolitan City C Fire Fighting Department, he was registered as a person of distinguished service to the State (Class V 29) on March 24, 1986, on the ground that the fire was reduced and used by electric power, and a glass wave was connected to the right-side bed, and a glass wave was connected to the right-side bed (hereinafter “instant accident”), and registered as a person of distinguished service to the State (Class V 29).

B. After that, on May 201, the Deceased diagnosed “B-type hepatitis, liver, and liver cancer” and on June 17, 2013, the Deceased applied for the recognition of an additional wife on the part of the Defendant as “B-type hepatitis and liver cancer (hereinafter “the instant wound”). On June 26, 2013, the Plaintiff, the wife of the Deceased, was registered as the bereaved family as the deceased’s wife, following the fall from the apartment located in the apartment on June 26, 2013 and the death of two traumas.

C. On November 6, 2013, the Defendant notified the Plaintiff of the decision not to recognize additional wounds on the ground that there is no proof of medical evidence that the instant wounds occurred during the performance of duties or education and training, and it is difficult to deem that there was a proximate causal relation with the performance of duties or education and training.

(hereinafter “instant disposition”) D.

The plaintiff appealed against this and filed an administrative appeal, but the claim was dismissed on July 1, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 6, Eul's evidence 10, and the purport of whole pleading

2. Determination on the defense prior to the merits

A. The right to receive compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) is not naturally inherited to the heir in the event that the applicant died, but is formed by determining and registering as a person of distinguished services to the State or his/her bereaved family member, and thus, it cannot be deemed that the Plaintiff, the heir, is eligible for the Plaintiff.

(b).

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