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(영문) 서울행정법원 2016.05.19 2015구단59603
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 1, 1997, Plaintiff B (hereinafter “the deceased”) entered the Army on March 1, 1997, and served for the First Lieutenant C in the 50th century, and was killed in the so-called “the so-called “the so-called “the so-called “the so-called “the so-called “the so-called”). Around the first half of April 11, 1998, at the so-called “the so-called “the so-called “the so-called “the so-called”).

On May 31, 2013, the Plaintiff filed an application for registration of bereaved family members and bereaved family members of persons who have rendered distinguished services to the State.

On September 19, 2014, the Defendant died during the performance of military duties or education and training directly related to the national defense, etc.

For reasons that it is difficult to recognize the death of a person who has rendered distinguished services to the State or a person eligible for veteran's compensation.

(hereinafter “Disposition in this case”). 【No dispute exists, A’s evidence Nos. 1 and 5, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deceased died from a heart disease such as acute funeral in the lodging room, and thus, the instant disposition is unlawful.

B. The facts acknowledged in the final and conclusive judgment are significant evidence in relation to the same case, unless there is any special reason, and thus, it cannot be deemed as the result of the inappropriate performance of the party's lawsuit even in the case where res judicata does not extend.

Now, after the judgment, new material was submitted.

Unless any other reasonable ground exists (see, e.g., Supreme Court Decision 2003Du360, 2003Du377, Oct. 7, 2005). The father D of the deceased appointed a lawyer as a legal representative, and filed a lawsuit against the defendant to cancel a non-eligible disposition for bereaved family members (Seoul Administrative Court Decision 2001Du15480, Apr. 26, 2001). The above court on April 10, 2002 on the ground that the deceased commissioned the appraisal of the school room of the Seoul National University’s medical college and the law school room of the Seoul National University on April 11, 1998.

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