(영문) 대구지방법원 2014.12.05 2013구단1510

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(영문) 대구지방법원 2014.12.05 2013구단1510

국가유공자및보훈대상자요건비해당처분취소

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1. On April 4, 2013, the Defendant rendered a decision against the Plaintiff as non-conformity with the requirements for persons eligible for veteran’s compensation.

Reasons

1. Details of the disposition;

A. On November 1, 1988, the Plaintiff, as the Plaintiff, committed suicide on March 14, 1989, during shooting training on the 17th of the same month immediately after the transfer into the company of the First Army C (hereinafter “the company of this case”).

B. On July 6, 2012, the Plaintiff asserted that the deceased B (hereinafter “the deceased”) constituted a soldier or policeman who died on duty or a police officer killed in a disaster, and filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State.

C. On April 4, 2013, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant rendered a decision on the eligibility of a person who rendered distinguished services to the State and a person eligible for veteran’s compensation (hereinafter “instant disposition”) on the ground that the deceased is not deemed to have died of an accident or disaster that occurred in the course of performing military duties or education and training, and that the deceased is not deemed to have died of self-injury directly caused in the course of performing his/her duties or education and training.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 4, Eul's 1 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) After the Deceased’s death and the transfer of the company in the instant case, the deceased was killed by two serious-related persons in order to conceal the fact that the deceased was killed from the appointed soldiers. As such, the death of the deceased was unlawful on the ground of proximate causal relation with his duties or education and training. (ii) The deceased entered the deceased’s physical and mental health in the process of conducting a new path training and post-age training, and took various ices in the process of being placed in the first and second class training and post-age training, and led the deceased to feel serious fear and frush as they were placed in the instant case.

After the deceased was posted as in the instant case, a volunteer soldier did assault against a appointed soldier.

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