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(영문) 서울고등법원 2019.01.29 2018누59108
국가유공자요건비해당결정취소
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The Defendant limited to the Plaintiff on May 26, 2017.

Reasons

1. The reasoning of this court concerning the background of the disposition and the plaintiff's assertion is as stated in each corresponding part of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Facts of recognition;

A. From May 2, 2014, the Deceased applied for a monthly leave of absence as the period of leave on August 2, 2016, “from August 11, 2016 to August 13, 2016,” while working as the head of the D leaflet, which is a naval unit of the Navy, in the field of G operations.

At the time, the conflict between South and North Korea relating to the placement of the USFD (THAD) was raised, and the deceased said, “I am on August 10, 2016, the day before the date of the leave, at least 16:30, 2016, the Deceased reported to the staff and personnel staff of the operation team and personnel staff, etc., without bearing any significant burden on the subjects that are waiting to the mission and waiting to the mission at any time. Domestic leave will be convenient to the commander of the field or the staff members of the field.” At any time, I said, “I am to the mission and find I am to the mission.”

B. On August 11, 2016, the deceased, who started a summer leave, took rest, such as viewing the Plaintiff and the Olympic Games, a spouse at the mission of the A.M. on the 14:59 day after getting a bicycle and going through a mission entrance, at around 22:00, died due to a shock on the car operated on the side of the national highway C national highways at the 5-lane later.

C. The Deceased frequently expressed that he would wish to visit the Bupyeong E Village.

The point where the above accident occurred is about 12.36 km from the D leaflet to the inland direction, and E village is about 2.64 km from the point where the above accident occurred.

The results of the investigation into the disaster of the above traffic accident are the routes of returning the accident from E village to D leaflets. In light of the fact that the deceased wear a mountain stebry, schling, etc., it is done using a bicycle lane on the mar river at the time of the port.

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