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(영문) 인천지방법원 2015.06.30 2015구단94
국가유공자등록거부처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. On July 16, 2012, the deceased C (hereinafter “the deceased”) served in the Army and discharged from military service on the part of the deceased, on June 11, 2013, due to the combination of unknown details, and on the part of the deceased, he/she was discharged from military service to the malicious life of his/her tobacco (hereinafter “the instant wound”). The deceased on May 8, 2014, and the Plaintiffs are the parents of the deceased.

B. On October 1, 2013, the Deceased applied for registration to the Defendant on the ground of the instant difference, but on March 7, 2014, the Defendant rendered a decision that the instant difference does not constitute a person who rendered distinguished services to the State or a person eligible for veteran’s compensation on the ground that there is no proximate causal relation with military duties or education and training (hereinafter “instant disposition”).

C. On April 30, 2014, the Deceased filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed it on October 8, 2014.

[Ground of recognition] Facts without dispute, Gap 1 and 20, the purport of the whole pleadings

2. Determination on this safety defense

A. The plaintiffs asserted that the disposition of this case was unlawful even if proximate causal relation exists between the injury of this case and the military performance of official duties, in light of the fact that the deceased's health status was improved before entering the army and that the injury of this case occurred during the military service, the defendant's right to receive compensation as a person of distinguished service to the State cannot be inherited since the right to receive compensation is a continuous right. As seen earlier, as long as the deceased died after the disposition of this case, the plaintiffs, the parents of the deceased, have no legal interest to seek the cancellation of the disposition of this case. Thus, the lawsuit

B. Under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”), a person who is registered as a person of distinguished service to the State and his/her bereaved family members and is entitled to various protections, such as educational benefits, etc. shall meet the requirements under the Act.

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