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(영문) 대전지방법원 2018.02.27 2017구단101104
국가유공자등록요건비해당처분의 취소
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 March 6, 2014, the Plaintiff’s ASEAN (hereinafter “the deceased”) was found to have died from a concrete drain line under the telecommunication tower located in Daejeon Seo-dong 400, the main office of the headquarters, at around 06:30 on July 24, 2014, while serving in the military planning division C of the military headquarters on June 24, 2014.

(hereinafter “instant accident”). (b)

On August 22, 2017, the Plaintiff filed an application for registration against the Defendant for a person who has rendered distinguished services to the State, and the Defendant determined on August 22, 2017 that the deceased died during active service, and thus constitutes a person eligible for veteran’s compensation under the Act on Support for Persons Eligible for Veteran’s Compensation. However, it is difficult to recognize that the deceased died during his military duty or education and training directly related to the national defense, etc.

(In this case, the decision corresponding to the requirements for persons of distinguished service to the State is referred to as the "disposition of this case"). / [Grounds for recognition] without dispute, entry of Gap evidence No. 1 and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. On July 23, 2014, the Plaintiff’s assertion that he/she was on the part of the military unit, and leaves the military room.

Since it caused death, it constitutes a “person who has rendered distinguished services to the State” as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

B. Determination 1) Unlike the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 2011), the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) is different.

"Military personnel, police officers, and fire-fighting officers" in Article 4 (1) 6 shall be protected by the State, guaranteed by the security of the State, or lives and property of the people.

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