(영문) 창원지방법원 2016.01.19 2015구합21450

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(영문) 창원지방법원 2016.01.19 2015구합21450

국가유공자등요건비해당결정취소청구의소

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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 October 28, 2004, the Plaintiff’s son B (hereinafter “the deceased”) committed suicide by putting him on the second floor of a site attack training place for a reserve force in Yong-gu on January 23, 2005 while serving in the military.

B. On August 4, 2014, the Plaintiff filed an application with the Defendant to the effect that “the deceased constitutes a person who has rendered distinguished services to the State or a person eligible for veteran’s compensation and thus registered the Plaintiff as his/her bereaved family member.” However, the Defendant notified the Plaintiff on April 6, 2015, on the ground that “the deceased was dead in the course of performing military duties or education and training directly related to the protection of the State, etc., or that “the deceased was not deemed as having died as a direct cause for the deceased’s death in the course of performing his/her military duties, verbal abuse, or harsh treatment in relation to military duties

(hereinafter referred to as “instant disposition”). . [Grounds for recognition] without dispute; Gap evidence Nos. 1 through 3; Eul evidence Nos. 1, 8, and 9 (including serial numbers; hereinafter the same shall apply); the plaintiff’s personal inquiry result; and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Deceased, while serving in the military as a post-suled wound under the influence of depression, was able to commit suicide under the influence of verbal abuse, such as having a senior soldier C et al. go to the people in the process of separation of the sulb from the sule, etc., due to severe mental stress, or having his subordinate officers under the control of the Deceased, thereby getting the Deceased to commit suicide. Accordingly, the Deceased’s Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State”).

(hereinafter referred to as “Act on Support for Persons Eligible for Veteran’s Compensation”) under Article 4(1)5.

참조조문

-국가유공자 등 예우 및 지원에 관한 법률

-보훈보상대상자 지원에 관한 법률

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