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(영문) 인천지방법원 2020.02.11 2018구단1463
순직군경비해당결정처분취소
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”) entered the Army on February 6, 1958 and died as the sergeant on October 15, 1960.

The deceased died at the hospital after the end of 59, and the report of the cremation contains each of the following: (a) the “compactary livers” as a diagnosis by a military doctor; and (b) the deceased’s death as a result of addiction to the disease and inter-compact-compact.”

B. On August 4, 2015, the Plaintiff, a dependent on the deceased, stated that he died of a liver disease during military service, and applied for the registration of bereaved family members of persons who have rendered distinguished services to the State. On November 14, 2016, the Defendant notified the Plaintiff that “The deceased, a deceased’s person on duty, falls under the requirements for persons who have rendered distinguished services to the State, but falls under the requirements for persons eligible for veteran’s compensation.”

Accordingly, the plaintiff was registered as a bereaved family member of the Si/Gun killed in a disaster.

C. On May 30, 2018, the Plaintiff asserted that the deceased constituted a soldier or policeman who died in the line of duty, not a soldier or policeman killed in the line of duty, and filed a second application for the registration of bereaved family

On August 28, 2018, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant notified the Plaintiff that “the deceased falls under the requirements of the soldier or policeman killed in the line of duty.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Eul’s evidence Nos. 1 through 9, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was a healthy condition before entering the Plaintiff, and was exposed to chemical substances during the process of performing a fire-fighting site construction near the three-year military service, and there is room for a liverer disease due to contact with chemical substances, and it is difficult to find other causes of other outbreak. As such, the deceased’s assertion B constitutes a soldier or policeman who died on duty.

Nevertheless, the instant disposition that was otherwise determined is unlawful.

Article 4 (Persons of Distinguished Service to the State) (1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, their bereaved family members or families falling under any of the following subparagraphs:

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