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(영문) 인천지방법원 2019.01.08 2018구단50281
국가유공자요건비해당처분취소 등
Text

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. The Plaintiff is the mother of B, and B entered the Army on March 2, 1967, and died on June 19, 1968 by shooting a gun while on the boundary duty at the sick and Disease Center.

B. On December 4, 2015, the Plaintiff filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the State in relation to the death of B (hereinafter “the deceased”), but the Veterans Council passed a resolution that constituted non-conformity of requirements, the Defendant rendered a disposition on the Plaintiff on December 4, 2015, regarding the requirements for registration of a person who has rendered distinguished services to the State.

C. Accordingly, the Plaintiff filed a civil petition with the Anti-Corruption and Civil Rights Commission to request the deceased to be disposed of on duty, and on September 26, 2016, the Anti-Corruption and Civil Rights Commission expressed its opinion to review the deceased’s death classification to the Minister of National Defense, on the grounds that there are considerable grounds for the deceased’s claim for review of

Accordingly, on January 13, 2017, the Central Major Death Review Committee of the Ministry of National Defense confirmed that the units belonging to the deceased were more active than the number of persons, and continuously faced with senstiny, such as hump, brue, brue, brue, etc., and after the so-called 1.21 incident (C). As a result, the deceased is presumed to have suffered more severe pain than other persons during military service, on the ground that “the deceased is presumed to have suffered more severe pain in the military service while performing his/her duties or education and training, and there is no personal factor to determine suicide,” and on the ground that “the deceased constitutes “the deceased who died by self-injury as a direct cause of self-injury” constitutes “the deceased who died by self-injury” under the direct cause of self-injury.

E. The Plaintiff asserted that on July 19, 2017, the deceased died of her own injury due to excessive work and service period extension (30 months and 36 months), and harsh treatment.

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