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(영문) 부산고등법원(창원) 2015.11.04 2014누11567
보훈급여금부지급처분취소
Text

The judgment of the first instance shall be revoked.

The plaintiffs' lawsuits are dismissed.

All costs of the lawsuit shall be borne by the defendant.

purport, purport, and.

Reasons

1. Details of the disposition;

A. C (D) entered the Air Force on December 22, 2008, resulting in depression while serving in the military, and died on October 8, 2009 at the warehouse of the management office in the military unit.

(hereinafter referred to as “the deceased”). B.

The Plaintiffs, who are parents of the deceased, were paid damages by receiving a judgment in favor of some of them, on the part of the State, on the claim for damages against the deceased’s death accident.

C. On April 30, 2013, Plaintiff A filed an application for registration of bereaved family members of a person who rendered distinguished services to the State on the ground that the deceased was caused by the outbreak, aggravation, and death of depression caused by a cruel act by a senior soldier during his military service.

On July 22, 2013, the Defendant registered and decided the Plaintiffs as bereaved family members of the deceased and killed in a disaster on the ground that the deceased did not meet the requirements of Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) but meets the requirements of Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act”).

E. In making the above decision on July 22, 2013, the Defendant announced the Plaintiffs on July 22, 2013, on the ground that “In light of the proviso of Article 2(1) of the State Compensation Act, if the State is compensated, no compensation under the Patriots and Veterans Compensation Act shall be paid” (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 1, and the purport of the whole pleading

2. We examine the defendant's main defense of safety.

On June 10, 2015, the court held that “1. The Defendant revoked the instant disposition. If the Defendant revoked the instant disposition as stated in Paragraph 1, the Plaintiffs withdraw the instant lawsuit, and the Defendant consents to the withdrawal of the lawsuit. The total cost of the lawsuit is borne by the Defendant on March 10, 2015.”

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