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1. The Defendant’s disposition rejecting a person eligible for veteran’s compensation rendered on June 1, 2017 is revoked.
2. The plaintiff.
Reasons
1. Details of the disposition;
A. The plaintiff B (hereinafter "the deceased") entered the Army on August 13, 2003 and committed suicide during his service on June 29, 2005.
On January 20, 2017, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground that “The deceased was recognized as a soldier on duty by the Central Major Death Review Committee.”
B. Accordingly, on June 1, 2017, the Defendant rendered a disposition to deny the registration of bereaved family members of persons who have rendered distinguished services to the State and to refuse the registration of persons eligible for veteran’s compensation (hereinafter collectively referred to as “instant disposition”) to the Plaintiff on the ground that “the deceased died during the military’s performance of duties or education and training directly related to the national defense, etc. or is not deemed to have died as a direct cause for the performance of such duties.”
C. On September 29, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission after filing an objection on June 30, 2017, but a ruling dismissing the Plaintiff’s claim was rendered on June 19, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including virtual number; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was that the deceased suffered from an injury or ties in the line of duty while on duty, and caused depression and depression due to aggravation and stress, and that caused suicide due to the negligence and cruel conduct of the commander of the military unit to which he belongs. Accordingly, the instant disposition denying relevance to military service was unlawful.
B. In fact, the deceased did not have received medical treatment due to the pains or fluor, etc. before entering the military. On November 2004, the deceased was diagnosed as “the escape certificate of the 4-5th century, No. 5th century - the forecast signboards from March 15, 2005,” and was diagnosed as “the escape certificate of the 4-5th century, and the 5th century from March 15, 2005.”
3. By no later than 19. A leave of absence on petition shall be rendered at a military hospital or a private hospital immediately before the death.