(영문) 인천지방법원 2018.11.27 2017구단51485

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(영문) 인천지방법원 2018.11.27 2017구단51485

국가유공자요건비해당결정취소

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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 March 21, 2013, B entered the Army and was transferred to Staffhouse on July 1, 2013, and committed suicide on March 7, 2014, and the Plaintiff is the father of B (hereinafter “the deceased”).

B. On July 22, 2016, the Plaintiff asserted that: (a) the deceased was discharged from smoking due to a smoking while being treated at a military hospital due to an injury sustained by his/her right hand; and (b) died by his/her speech assault and cruel act (in case of entering a military unit, death shall be discarded) by his/her superior; (c) filed an application for registration of persons who rendered distinguished services to the State and persons eligible for veteran’s compensation; and (d) filed an application for re-registration with the State on March 30

C. Accordingly, the Defendant rendered a disposition to the Plaintiff on August 3, 2017 in accordance with the following: (a) the Board of Patriots and Veterans Entitlement did not confirm specific and objective evidence that the deceased was directly killed and wounded; and (b) the record on the military life, such as the beta, cruel treatment, etc., which occurred in the military, is not verified in the form of a well-known format; (c) the military hospital’s smoking led to forced expulsion from the military hospital; and (d) the remaining military duty is unrecepted; and (e) the fear that the deceased was selected as one of the methods to avoid suicide as one of the methods to avoid it, depending on the fact that the period of escape from military service begins, it is difficult for the Plaintiff to avoid the possibility of choosing suicide as one of the means to avoid it; (d) the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and the Act on the Support for Persons Eligible for Veteran’s Compensation in the event of an accident or disaster without public service.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and Eul No. 1.

참조조문

-국가유공자 등 예우 및 지원에 관한 법률

-보훈보상대상자 지원에 관한 법률

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