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(영문) 서울행정법원 2013.11.27 2013구단54093
국가유공자및보훈대상자요건비해당결정처분취소
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. On August 24, 1987, the Plaintiff’s son B (hereinafter “the deceased”), was deprived of his duty as a defensive soldier, and was killed in the Han River while serving in the Korea Coast Guard. On August 29, 1988, around 15:50, it was discovered that the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s back

B. The Plaintiff was brupted by the deceased’s brut in the Gun, brut, etc., and the body was confirmed after brut. The Plaintiff filed an application for registration with the Defendant to the effect that the deceased constitutes a person who rendered distinguished services to the State, since it was caused by the stabry, verbal abuse, and cruel acts in relation to the performance of military duties.

C. On July 1, 2013, the Defendant issued a notice of the determination on the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”) to the Plaintiff on the grounds that it cannot be deemed that the deceased committed suicide due to the direct cause of sacity, verbal abuse, and cruel acts in relation to military duties or education and training (hereinafter “instant disposition”).

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the deceased moved to another person after entering the Plaintiff, and that it was difficult to do so due to high strength of weather and sacrife, etc., and that the deceased was scarkee at the time of confirming the dead body, and there was no reason to commit suicide for personal or household reasons, and thus, the instant disposition that did not recognize it is unlawful.

B. (1) The determination requires a proximate causal relationship between education and training or performance of duties and death in order to determine that a soldier is a soldier or a veteran who died during his/her military service and falls under a soldier or policeman who died on duty or a soldier or policeman who died on duty as defined in Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or a soldier

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