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(영문) 광주지방법원 2021.03.31 2019구단10767
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

Details of the disposition

The deceased B (C biological male, hereinafter referred to as the "Death") is appointed as Staff sergeant at the Army on March 15, 1985 and served as a military police investigator at the Army Education Headquarters from April 15, 2004. The plaintiff is the deceased's spouse.

From December 5, 2017, the Deceased was assigned to the Military Education Headquarters D District of the Army Education Headquarters as an investigator, and he started to feel pain by being posted to the D District of the Army Education Headquarters on May 5, 2018.

On May 28, 2018, the Deceased died on August 20, 2018 when he/she was judged as liver cancer and was receiving the treatment.

On October 22, 2018, the Plaintiff caused “liver cancer” due to the excessive performance of military duties by the Deceased.

Therefore, the Defendant filed an application for the registration of bereaved family members of a person of distinguished service to the State. The Defendant, on July 2, 2019, did not recognize that the deceased died due to the performance of military duties or education and training, or was related to the performance of military duties or education and training and died due to the aggravation of the development or aggravation of the development or aggravation of the development or aggravation of the development, compared to the requirements of a person of distinguished service to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 1 (including numbers; hereinafter the same shall apply), and the purport of the entire argument of this case as to the legitimacy of the disposition of this case, the plaintiff's deceased, who asserted the legitimacy of the disposition of this case, had a considerable burden in the Army Training Center where national interest is concentrated, and conducted investigation, case

In particular, from December 2, 2016 to December 2017, the military police team headquarters of the Army Education Command was serving as E. In light of the characteristics of the investigation affairs, the deceased had to engage in night duty, but has frequently experienced mental stress while dealing with the death accident.

As such, the deceased died from a liver cancer that has been aggravated due to cumulative occupational burden.

Therefore, the deceased is a person of distinguished service to the State or at least a person eligible for veterans' compensation.

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