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(영문) 대구지방법원 2019.01.18 2018구단10755
국가유공자및보훈보상대상자비해당결정취소
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 October 8, 1994, the deceased B (hereinafter “the deceased”) was appointed as a military noncommissioned officer of the Navy, and was found to have been employed as the Information Company C for a special unit of 922 Information Unit C on May 10, 2017.

B. On September 29, 2017, the Plaintiff, the deceased’s spouse, applied for registration of bereaved family members to the Defendant. However, on March 14, 2018, the Defendant rendered a decision that the deceased does not constitute a person of distinguished service to the State or a person eligible for veteran’s compensation on the ground that “it is difficult to recognize that the deceased’s suicide was killed in the course of performing duties or education and training directly related to the national defense, etc., or that there was considerable causal relationship with his/her duties

(hereinafter referred to as “non-conformity of the requirements for persons eligible for veteran’s compensation” refers to the “disposition of this case”). [Grounds for recognition] There is no dispute; entries in Gap’s evidence 1 through 3; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a special military soldier, was fluored with pains and leg injuries incurred in the course of performing a special military mission, but without being given treatment due to incidental work, and was under serious stress while working in the process of having been on duty. At least 20 years, the deceased was on duty as a special training and guidance personnel, and was on frequent night due to frequent changes in assignment to an administrative position, and was difficult to resolve the problems at home due to the special military duty, which led to suicide. As a proximate causal link is recognized between the deceased’s suicide and the performance of duty, the deceased constitutes a person eligible for veteran’s compensation (hereinafter “disaster death”).

B. Whether there is a proximate causal relationship between education and training during the military service or performance of duty and suicide is the age, character, character and position of the person who committed the suicide, and the performance of duty.

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