(영문) 대구지방법원 2016.04.15 2015구단11191

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(영문) 대구지방법원 2016.04.15 2015구단11191

국가유공자 및 보훈보상대상자 비해당결정처분취소

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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. On March 23, 2010, while entering the Army, the deceased B (hereinafter “the deceased”) committed suicide on a rail in the line of duty on November 13, 201 at the guard, around 13:40 on November 13, 201.

B. On November 27, 2014, the Plaintiff, as the father of the Deceased, filed an application for registration of bereaved family members of a person who rendered distinguished services to the State with respect to the Defendant, alleging that the Deceased died due to his superior’s quality, bath, cruel act, etc. notwithstanding the fact that the Deceased was the sick who was suffering from the symptoms of normal depression.

C. After deliberation and resolution by the Board of Patriots and Veterans Entitlement, on June 5, 2015, the Defendant issued a disposition against the Plaintiff on the ground that “the deceased’s death is not recognized as having died of her life due to the direct cause of the military performance of duties or education and training, or of verbal abuse or harsh treatment related to the performance of duties or education and training of the military.”

【Unfounded facts, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings】

2. Whether the disposition is lawful;

A. As the Plaintiff’s alleged administrative diffusion supervisor C, a superior of the deceased, committed continuous personal and physical cruel acts in violation of the ice provision, resulting in the death of the deceased, due to the cruel act that would have been caused to C when the deceased suffered from the pain while on his first duty, and the death of the deceased resulted in suicide. Therefore, there is a proximate causal relation with military duties or education and training.

B. (1) Determination should be made based on whether there is a proximate causal relation between education and training, or the performance of duty and the death of a soldier who died during his/her military service, as defined in Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, even if the soldier died due to suicide during his/her military service.

Furthermore, during military service, education, training, performance of duties, and suicide.

참조조문

-국가유공자 등 예우 및 지원에 관한 법률 제4조 제1항 제5호

-보훈보상대상자 지원에 관한 법률 제2조 제1항 제1호

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