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(영문) 서울행정법원 2017.05.25 2015구단62531
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On March 30, 1990, the Plaintiff’s husband B (hereinafter “the deceased”) was admitted to police officers on March 30, 1990. On January 21, 2014, when he was assigned to the chief of the C police station of the Chungcheongnam-nam Police Agency and was found to have been dead from the official residence to the acute funeral on March 30, 2014.

B. On May 15, 2014, the Plaintiff filed an application for registration of bereaved family members of the persons who have rendered distinguished services to the State. However, the Defendant rendered a decision non-conformity with the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that “the deceased was killed as a direct cause for the performance of duties or education and training directly related to national defense and security, national security, or the protection of the lives and property of the people, or died as a result of rapid aggravation of duties or education and training that are not directly related to national defense and security, or the protection of the lives and property of the people, or that the death was caused as a member of duty

(hereinafter referred to as “instant disposition” in combination; (c)

Accordingly, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on April 8, 2015, but on September 15, 2015, the Plaintiff was rendered a dismissal ruling by the Central Administrative Appeals Commission on the ground that it is difficult to recognize the proximate causal relation between the deceased’s performance of official duties and the death, and was served with the said written ruling.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was suffering from high blood pressure and urology, in light of the fact that the medical examination was judged by normal conditions, the deceased itself did not have much emphasis on the cause of acute funeral, and the deceased continued to engage in the physical examination, and continued health management, such as eating and drinking drugs.

The Deceased is appointed as a police official most.

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