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(영문) 창원지방법원 2017.02.07 2015구합22408
국가유공자요건비해당결정취소
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 6, 1994, the network B (hereinafter “the network”) entered the Air Force, and was on July 1, 1994, and was on duty as a shooting control team for the first Pospons of the Air Force Headquarters CY CJ on July 1, 1994, it was found on August 12, 1994 that he/she died with the string of trees by having the string of trees by the string control unit at the competent military launch control office.

B. On July 8, 2014, the Plaintiff, the father of the Deceased, filed an application for registration of a person eligible for veteran’s compensation with the Defendant. On December 8, 2014, the Defendant rendered a disposition rejecting the registration of a person eligible for veteran’s compensation on the grounds that the deceased’s act of performing his/her duties or training was not recognized as having been directly caused and died.

(hereinafter “instant disposition”). C.

On January 6, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on May 12, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was cruel by verbal violence, etc. of an appointed soldier after entering the military, and due to this, he was under serious stress in the incidental adaptation.

In particular, although there was a view that the incidental adaptation is not well possible in the transfer wall against the deceased, the commander and executive officers of the military unit neglected the management and supervision of the deceased, which eventually led the deceased to suicide.

Therefore, it is reasonable to view that the deceased died as a direct cause for the performance of duties or education and training of the military, and as such, the Defendant’s disposition based on a different premise is unlawful.

B. (1) Determination 1) Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation, and Article 2(1)1 [Attachment 115.] of the Enforcement Decree of the same Act.

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