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(영문) 광주지방법원 2015.08.13 2015구단10219
국가유공자 등 등록거부처분 취소 청구의 소
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 March 1, 2011, the Plaintiff’s son B (hereinafter “the deceased”) served as Second Lieutenant in the Army, and died from a traffic accident on April 6, 2014 and discharged the Plaintiff from military service.

B. Accordingly, the Plaintiff asserted that the deceased died due to a traffic accident during his work at the military unit and applied for the registration of a person who rendered distinguished services to the deceased. However, on December 4, 2014, the Defendant’s Board of Patriots and Veterans Entitlement rendered a decision to the effect that the deceased did not constitute the requirements for death and death on duty because objective data was not verified that the deceased died as a direct cause of the State’s security of national defense or the protection of the people’s life and property, and that the deceased died due to an accident or accident that occurred during his/her work at the workplace and workplace in a net route and manner, and thus does not constitute the requirements for death and death on duty. Accordingly, on December 17, 2014, the Defendant made a decision to the effect that it did not constitute the requirements for death and death on duty.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1-1, Eul evidence 3, the purport of whole pleading

2. Whether the instant disposition is lawful

A. On April 5, 2014 ( Saturdays) around 12:00 while the Plaintiff’s claimant was on his/her company’s duty, he/she was present at the marriage ceremony of the school group motive (class E in reserve) scheduled in Jongno-gu Seoul, Jongno-gu, Seoul. On the same day, around the same day, the Plaintiff’s claimant was driving a car at the Germany’s accommodation (No. 21:30-22:13, Apr. 4, 2014, the day immediately before the day when the Plaintiff was scheduled to attend the marriage following the marriage ceremony scheduled in Incheon, while driving a car at the Gangseo-si F (hereinafter “instant vehicle”). On the same day, on around 22:13, 2014, he/she entered the expressway through the Gangseo-si ICT, and went away from the expressway at around 07:07 on April 5, 2014, after having been accommodated on the expressway.

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