logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.01.20 2016누5458
국가유공자요건비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On March 24, 1998, the deceased B (hereinafter “the deceased”) committed suicide on July 9, 1998 while entering the Army and serving as a small gun in the 30 mechanic group C of the 30 mechanic group.

B. Around July 1998, the Korean Army Head Office passed a resolution that the deceased’s death constituted suicide. On July 6, 2012, the Plaintiff, the mother of the deceased, filed an application for registration of a military person killed in a disaster on July 6, 2012. On December 11, 2012, the Board of Patriots and Veterans issued a resolution with respect to the deceased as a bereaved family member of a person eligible for veteran’s compensation (hereinafter “the Patriots and Veterans Compensation Act”) under Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation, and attached Table 1 of the Enforcement Decree of the same Act, and the Plaintiff was registered as a bereaved family member of a

C. After that, the Plaintiff’s review of the deceased’s death and applied for a civil petition requesting the registration of the deceased as a soldier or policeman on duty prescribed by Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”). On June 23, 2014, the Anti-Corruption and Civil Rights Commission recommended the Chief of Staff to review the cause of the deceased’s death. On July 29, 2014, the Army Head of the Army Head of Staff recommended that the cause of the death should be re-examineed, and the Committee on the Death before the Army Head of the Army Head of the Army constituted a death on duty (based on classification 2-14-2), and notified the Plaintiff on August 7, 2014.

On October 7, 2014, the Army Chief of Staff prepared a factual confirmation about the requirements of persons who have rendered distinguished services to the State that the deceased died.

Accordingly, on September 15, 2014, the Plaintiff filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State against the Defendant on the ground that the deceased constitutes a soldier or policeman who died on duty, and the Board of Patriots and Veterans Entitlement deliberated and decided on February 10, 2015 that it is difficult to deem the deceased died during the military duty or education and training directly related to national defense, security, etc. Accordingly, the Defendant is not a soldier or policeman who died on duty.

arrow