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(영문) 대구고등법원 2020.08.11 2020누2463
국가유공자 및 보훈보상대상자 비해당 결정 취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Details of disposition;

A. On October 23, 1996, the Plaintiff’s spouse (hereinafter “the Plaintiff’s spouse”) is a person appointed as a fire-fighting officer and served as a fire extinguishing and rescue and first responder in the Seoul Eastdong Fire Fighting Station, the racing fire fighter, and the Posnnam Fire Fighting Station.

B. On February 4, 2015, the deceased died on March 5, 2016 while receiving treatment after undergoing a diagnosis of “non-human cancer” (hereinafter “instant disease”).

C. On June 20, 2017, the Plaintiff filed an application with the Defendant for registration of bereaved family members of persons who have rendered distinguished services to the State on the ground that the deceased was exposed to hazardous substances, smoke, etc. during the performance of fire extinguishment and duties as an emergency medical service worker, and the instant disease occurred due to the death.

On November 7, 2017, the Defendant decided that a deceased person does not meet the requirements for persons eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) and notified the Plaintiff thereof.

(Notification of Decision that does not meet the requirements for persons of distinguished service to the State among notification of the above decision made to the plaintiff (the "disposition of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1 through 4, and evidence No. 6 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was appointed as a fire-fighting official and exposed to all kinds of harmful substances during the performance of fire extinguishment and rescue and first-aid services for a period of 19 years and four months. From June 201 to November 201 of the same year, the instant disease was not diagnosed, and the Plaintiff’s stress caused by excessive overtime work during the average hours of overtime work 54 hours, night work 84 hours, and holiday work 3.6 days.

Since the disease of this case directly caused the above performance of duties, and the deceased died due to the disease, the deceased.

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