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(영문) 대구지방법원 2016.05.13 2015구단1750
국가유공자요건비해당결정취소
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”) committed suicide on July 9, 1998 while serving in the Army on March 24, 1998.

B. On July 6, 2012, the deceased’s mother-child Plaintiff filed an application for registration of a military person killed in a disaster and decided by the Board of Patriots and Veterans Entitlement as a police officer killed in a disaster, and the Plaintiff was registered as a bereaved family member of a person eligible for veteran’s compensation.

C. The Plaintiff applied for registration of a soldier or policeman who died on duty on September 15, 2014. However, on February 27, 2015, the Defendant rendered a disposition that did not meet the requirements for persons eligible for veteran’s compensation under the Act on the Support for Persons Eligible for Veteran’s Compensation on the ground that “the deceased is likely to have died during the performance of military duties or education and training directly related to the national defense, etc., but it is recognized that the person serving mandatory military service has died as a direct cause for the performance of military duties and education and training.” However, the Plaintiff did not meet the requirements for persons of distinguished service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on August 21, 2015.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased was a soldier who protects the life property of the people and possessed tobacco without being able to know about the movement. Moreover, the Plaintiff died due to extreme stress caused by continuous alphalopic cruel acts, etc., which constitutes death as a direct cause for the State’s performance of duties or education and training, etc., which are directly related to the security of national security, etc., and even after the Army Headquarters rendered a decision on the “net position”, the Defendant’s disposition of this case was conducted.

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