logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.08.20 2015구합177
국가유공자 상이사망 비해당결정처분 취소
Text

1. On January 23, 2015, the Defendant’s decision on whether a person who rendered distinguished services to the State constitutes non-existence of persons who rendered distinguished services to the State is revoked.

2...

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) entered the Army on December 31, 1968 and participated in the Vietnam War from April 23, 1970 to April 21, 1971, and discharged on December 11, 1971.

B. On March 6, 2012, the Deceased was recognized as having met the requirements for injury and injury caused by defoliants during the Vietnam War as actual aftereffects of defoliants (hereinafter “instant injury”) and was determined as Grade 702 of the disability rating.

C. Upon the deceased’s death on November 6, 2014, the Plaintiff, the deceased’s spouse, filed an application for deliberation on the death of injury with the Defendant on November 14, 2014, claiming that the deceased died due to the instant injury, but the Defendant rendered a decision on the non-existence of the death of injury on January 23, 2015 on the ground that the deceased’s death did not constitute the deceased who died due to the instant injury.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry in Gap evidence 1, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was suffering from the instant wound caused by defoliants’s damage during the Vietnam War and caused the death of the deceased due to a complication of the instant wound. The deceased constitutes a deceased person who caused the instant wound, and thus, the instant disposition made on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (Presidential Decree No. 23885, June 27, 2012, Article 9(2) provides that "a bereaved family member of any of the following persons registered at the time this Decree enters into force shall be paid compensation under subparagraph 3 (b) of attached Table 4, notwithstanding the amended provisions of Article 20 and attached Table 4," and subparagraph 2 of Article 4 provides that "a soldier or policeman wounded in action falling under class 7 of the upper grade is the relevant

arrow