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(영문) 대구지방법원 2016.10.14 2016구단10577
국가유공자 등 요건 비해당 결정 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 September 5, 2005, the deceased B (hereinafter referred to as “the deceased”) entered the Army as a noncommissioned Officer on November 24, 2006, and died on July 7, 2015, 2015 (hereinafter “the deceased’s father”). (c) On November 23, 2015, the Plaintiff, as his father, filed an application for registration as a bereaved family member of a person who has rendered distinguished services to the State with respect to the Defendant on November 23, 2015. The Defendant, as to the Plaintiff on January 26, 2016, the Plaintiff caused the instant performance of duties or education and training.

The instant disposition was taken on the ground that there is no objective evidence to prove that a person who has rendered distinguished services to the State or a person eligible for veteran's compensation died due to rapid aggravation of natural progress or more.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 4, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was not caused by the surgery by video on the right bridge, but by a frequency management officer in the Information and Communications Complex, there was a lot of work to be carried out as an information and communications bridge, and there was no choice but to carry out the work in such a state as the right bridge was inconvenient before the death. As such, there was a proximate causal relation with the performance of military duties, since the Plaintiff’s assertion was caused or aggravated by the disease of this case while performing his duties in the state of the leg while performing

B. The facts of recognition (1) After the Deceased's entry into the Army Training Center on September 5, 2005, the Deceased was transferred to the Army Training Center on November 24, 2006, and most service were performed in the Association Information and Communications Team. There was no fact that the Deceased was treated due to symptoms related to the above branches of the case, and there was no particular disease other than the rain.

The Deceased, as a long-term noncommissioned Officer, was living in the house of a solitary person in barracks, and the Deceased’s duties are mainly seated, but in particular, other fellows.

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