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(영문) 서울행정법원 2017.12.14 2017구단51344
보훈보상대상자 요건비해당결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 15, 2002, B (C) entered the Army on January 15, 2002, and served in the 7th group D D branch of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group of the 7th group and died

On July 29, 2016, the deceased’s mother-friendly Plaintiff filed an application for registration of a person who rendered distinguished services to the State or a person eligible for veteran’s compensation with the Defendant, asserting that “The deceased showed an symptoms before discharge, but its executives failed to take appropriate measures, and thus died in the line of duty.”

On November 11, 2016, after the deliberation of the Board of Patriots and Veterans Affairs, the Defendant confirmed that “(i) three officers belonging to the Ministry of Patriots and Veterans Affairs are subject to a disciplinary action in relation to the death of the deceased, but the degree of such disciplinary action is confirmed to be neglect of personal management; (ii) records such as beating, verbal abuse, and cruel acts, etc. which may cause the deceased’s self-harm and death are not verified; and (iii) specific and objective records are not verified to deem that the deceased was faced with an improper situation inside the military; and (ii) relevant materials show that the deceased was likely to have caused depression due to personal factors, such as his/her desire for life and loss of himself/herself in the future before discharge; and (iii) lack objective evidence to deem that the deceased’s outbreak or aggravation of depression exists a substantial causal relationship with the performance of official duties; and (iii) lack of special military service conditions to ensure that the deceased has performed his/her duties with respect to his/her own property and mental harm to the State beyond the scope of his/her general military service.

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