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(영문) 수원지방법원 2016.09.23 2015구단32913
국가유공자비해당결정 취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 14, 2014, the deceased B, who was assigned to the training center on June 25, 2014 and was on duty as the number of 29 former ammunitions, committed suicide at around 12:10 on September 27, 2014 while being assigned to the training center on June 25, 2014.

B. On March 23, 2015, the Plaintiff, as the father of the Deceased, filed an application for registration with the Defendant for distinguished services to the State, alleging that the Deceased died of his superior’s unreasonable quality, bath, care failure, etc. in the status of his military training, etc. despite the outbreak, etc. that occurred during the military service, etc.

C. After deliberation and resolution by the Board of Patriots and Veterans Entitlement, on June 29, 2015, the Defendant rendered the instant disposition against the Plaintiff on the ground that it is difficult for the deceased to be deemed that the deceased died of self-injury as a direct cause of inappropriate management, quality books, verbal abuse, etc. related to his/her duties, and that the deceased died during the performance of duties or education and training directly related to national protection, security, or national life and property protection.

[Ground of recognition] Evidence Nos. 17, 18, Eul's Evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In addition to the wounds caused by the direct cause of the practical skill training and combat sports training directly related to the performance of his duties, the deceased’s assertion had serious stress on his superior officers and club members, etc., and caused suicide without overcoming this, and thus, there is a proximate causal relation between the deceased’s death and the occupational training. However, even though there is a proximate causal relation between the deceased’s death and the military duty training, the Defendant is judged to have a proximate causal relation with the deceased’s death, but the deceased’s national defense and security is guaranteed.

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