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(영문) 부산지방법원 2013.03.29 2012구합4143
국가유공자유족등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff’s husband B (hereinafter “the deceased”) served as police officials from August 4, 2009, as C belonging to the Gangnam Police Station Information and Security Department and Information and Security Department, and his family lives with the house and the lecture in Busan where his family lives.

On April 25, 201, the day of May 25, 2011, the Plaintiff lost consciousness by undergoing CT inspections at the Busan National University Hospital. On the same day, around 12:50, the Plaintiff was transferred to Busan National University Hospital and was in brain operation three times on three occasions, but died on May 26, 201, as “cerebrovascular transfusion” (hereinafter “the instant injury”).

On July 20, 201, the Public Official Pension Service applied for approval of medical care for official duties with respect to the details of the deceased’s hospitalized treatment at Busan University Hospital. However, on July 20, 201, the Public Official Pension Service rendered a non-approval disposition on the ground that the instant injury or disease was not caused by a disease or injury

On November 29, 2011, the Plaintiff asserted that the deceased caused the instant wound to the Defendant, and filed an application for the registration of bereaved family members of persons who have rendered distinguished services to the State. However, the Defendant rendered a decision on July 30, 2012 on the ground that, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, it is difficult to deem that the instant injury and disease occurred during official duty or attendance, since the deceased was on leave on April 23 through April 24, 2011, and the deceased was on leave on April 25, 201, and there is no ground to deem that the occurrence or aggravation of the injury and disease in the instant case was due to the excess in the line of duty, and thus, there is no proximate causal relation between the branches of persons who have rendered distinguished services to the State.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 5, and fact-finding with respect to the Public Official Pension Service of this Court, the plaintiff's overall purport of the argument is legitimate, and the group launch of farmers and fishermen's organizations, etc. working within the Gangseo Police Station where the deceased claimed the whole purport of the pleading increases and the number of people is below C's work volume.

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