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(영문) 대구지방법원 2018.02.21 2017구단751
국가유공자유족비해당결정처분취소
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 deceased B (hereinafter “the deceased”) served in the Army on May 15, 1954 and died on November 10, 1958.

B. On May 4, 2016, the Plaintiff, who was the deceased, filed an application for registration with the bereaved family members of a person who rendered distinguished services to the State, asserting that “the deceased died at the Camp Hospital due to traffic accidents” with the Defendant.

C. On February 21, 2017, the Defendant rendered a decision on the eligibility of a person of distinguished service to the Plaintiff, on the grounds that it is difficult to recognize that the deceased died during the performance of military duties or education and training directly related to the national defense, etc. because the reason for the death is not verified, and on the other hand, made a decision on the registration of the Plaintiff as his bereaved family member on the ground that the deceased died in the territory of compulsory service.

The Plaintiff filed the instant lawsuit against the Deceased on the grounds that it did not correspond to the foregoing determination on the eligibility of a person who rendered distinguished services to the State (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, 8, 9 and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was served in the military police unit of the third assistant soldier’s team, and during training, the deceased was involved in a traffic accident while receiving medical treatment at the night hospital.

Therefore, the deceased died during the performance of military duties or education and training directly related to the national defense, etc., so the instant disposition is unlawful.

B. 1) Determination of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services

A soldier referred to in Article 4 (1) 5 includes a person who died of a disease of a deceased person during his/her duty or education and training directly related to national defense and security, national security, or the protection of the lives and property of the people.

“A soldier or policeman who has rendered distinguished services to the State” is designated as one of the persons who have rendered distinguished services to the State. Unlike this, the national defense and security or the protection of the lives and property of nationals

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