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(영문) 대구지방법원 2018.09.14 2017구단12198
국가유공자유족 등록거부처분 취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. On October 26, 2009, on May 5, 2010, the network B (hereinafter “the network”) was found to have been engaged in military service in the Air Force, and was sent back to the hospital on the surface of the wall surface of the second floor toilet of the Air Force Headquarters C in the integrated living center of the Air Force Headquarters, by stringing the strings of the wall of the second floor toilet, and then died at around 11:13 on the same day.

B. On May 30, 2017, the Plaintiff, a mother of the deceased, filed an application for registration of bereaved family members with the Defendant. On November 21, 2017, the Defendant rendered a decision on the Plaintiff’s bereaved family members and persons eligible for veteran’s compensation (hereinafter “each of the instant dispositions”) on the ground that “it is difficult to recognize that the deceased died during the performance of duties or education and training directly related to the national security or the protection of people’s lives and property, or that it is difficult to recognize that the deceased died as a direct cause for the performance of duties, verbal abuse, or cruel acts in relation to education and training (hereinafter “each of the instant dispositions”).

[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 to 3, and 47 evidence, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s assertion did not have any special disease before entering the training center. Since the admission to the training center, symptoms such as depression, depression, depression, and depression due to extreme decrease in body, stress disorder, etc. have occurred after the entrance into the National Armed Forces, which led to suicide in the state of aggravation of symptoms due to verbal violence and bullying from the surrounding motive or appointment. Since the Plaintiff’s death and military service performance, proximate causal relation is recognized between the deceased’s death and military service performance, and the deceased’s death and injury compensation support for a soldier or policeman who died on duty or a person eligible for veteran’s compensation as prescribed in Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”).

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