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(영문) 의정부지방법원 2015.09.23 2013구단1018
국가유공자요건비해당결정처분취소
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 July 19, 201, the deceased B (hereinafter “the deceased”) entered the Army. On July 25, 201, when serving as the 55th Korean War Veterans Group 100 and the 100th Korean Armed Forces in the Army, he was discharged from his house at the 50th Korean Army, and was frighted after taking an excessive amount of depression treatment medicine. On July 23, 2012, the deceased’s mother discovered that he was unable to incur high-heat and mathy symptoms during treatment, but died to the hospital at around 00:50 on July 25, 2012.

B. The Plaintiff, as his father, asserted that the deceased constituted a soldier or policeman who died on duty under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), and filed an application for registration on November 2012.

C. On April 1, 2013, the Defendant decided that the Plaintiff does not meet all the requirements for persons eligible for veteran’s compensation as prescribed by the Act on the Support for Persons Eligible for Veteran’s Compensation and Veteran’s Compensation (hereinafter “the Veteran’s Compensation Act”) on the ground that “The Defendant appears to have died of depression due to external factors (such as household life, etc.) other than the deceased’s performance of duty, and as such, it cannot be deemed that there was a proximate causal relation between the deceased’s death as a direct cause in the performance of duty, or the deceased’s death and military duty or education and training.”

(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition]] without dispute; Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 4 (including each number; hereinafter the same shall apply); and the whole purport of the pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was that the deceased did not have been treated as a friendly certificate before entering the hospital, and there was a friendly certificate.

Even though it was not serious, the deceased's nature, which had its original record, is suffering from mental stress while living in the military.

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