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(영문) 서울행정법원 2016.12.23 2016구합59843
순직요건비해당결정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From March 1, 1997, the deceased B (hereinafter “the deceased”) was promoted to the Army Second Lieutenant on March 1, 1997, and served as the captain from the first unit of the 50th Volunteer Team C Co., Ltd. to the Army on March 1, 1998, and was found to be dead after having sinylloged with the head at the 50th unit of the 1st unit of the 50th unit of the Army on April 12, 1998.

B. As a result of the investigation of the deceased’s death case, the military investigation agency concluded that the deceased returned to the lodging room after completing a drinking site for friendship with the fellow officer on the date of his death, and that he maintained the state of debris by blocking the inflow and inflow of air oil by taking back the plastic wing paper into his head in order to feel sexual humiliation, and that he maintained the state of debris (the “debris death”). On April 28, 1998, the Army Headquarters General Special Death Review Committee classified the deceased’s death as “dive death (the general death)” (the death).

C. However, on October 21, 2009, the Military Literature Finding Committee decided to ascertain the truth that “the deceased was dead of an accident presumed to have been caused by a qualitative death or acute heart disease in the accommodation in barracks. In this case, the Minister of National Defense requested the review of the matters on the classification of the deceased’s death.”

On October 20, 2014, the Plaintiff filed an application for review of the classification of death with the Ministry of National Defense to the effect that the deceased’s death was changed to the deceased’s death as the deceased’s mother’s death on duty, but the Central Major Death Review Committee of the Ministry of National Defense decided on March 12, 2015 that the deceased’s death did not meet the requirements of attached Table 1 (Ministry of National Defense Directive No. 1691, Aug. 28, 2014; hereinafter “instant Directive”) as a result of deliberation on the deceased’s death, and dismissed the report under the title “the Plaintiff’s notification” (hereinafter “instant notification”).

[Grounds for recognition] dispute.

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