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(영문) 서울행정법원 2016.08.12 2016구합51696
의사자불인정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff A’s children C and Plaintiff B’s children attending the second year of a high school annexed to the college of education at the National University of Korea participated in “the second year military experience activity even in 2013.”

On July 18, 2013, 2013, on the part of the students of 2 years in the other two years in the sea near Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and completed the "IBS Training" using rubber boats with other students of 16:49 on the same day. At around 16:49 on the same day, the 10th day, off the Gun, open the Gun, open the Gun, open 10, and proceed into the sea with 8 lines, and repeated lying off in the front and rear side (hereinafter "the instant training").

In the meantime, A, D, E, F, and G died without getting out of the sea. Among students, C, D, E, F, and G died.

(hereinafter “instant accident”). (b)

On September 26, 2103, the head of Taean-Gun requested the Defendant to recognize the person as a deceased person. The Defendant recognized the person as a deceased person, but notified the Plaintiffs of the decision not to recognize the person as a deceased person on December 14, 2015 on the ground that there is a lack of grounds that he/she died while making rescue efforts to C and D (hereinafter “the deceased”).

hereinafter referred to as "disposition of this case"

(ii) [based on recognition] unsatisfy, Gap evidence 1 to 4 (if any), including branch numbers;

hereinafter the same shall apply.

(2) Each entry of the evidence referred to in sub-paragraph (1) to (3) and the purport of the whole pleading

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The facts of recognition 1) When students participating in the instant training were laid down in the tideland, some students were laid down as soon as possible, and some students were absent from the tideland, and students, such as those who were unexplosed and unexplosed, made human belts by taking descendants. (ii) 10 or 15 students, including C and D, are in the water.

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