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(영문) 부산지방법원 2016.05.25 2015구단21647
국가유공자유족비해당결정취소
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 March 1, 2009, the Plaintiff’s ASEAN graduated from the Korea Air Force Academy, and was appointed as the Air Force so-called “C,” and on April 1, 2014, the Plaintiff committed suicide on September 1, 2014 at the so-called reading house of the Air Force Education Headquarters (hereinafter “the deceased”).

B. On May 28, 2015, the Plaintiff applied for the registration of bereaved family members of a person who has rendered distinguished services to the Defendant. On August 28, 2015, the Defendant rendered a decision that the requirements of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment of Persons, etc.”) under the Act on the Support of Persons, etc. of Distinguished Services to the State and the Act on the Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment of Persons, etc.”) do not fall under the requirements of the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State and the Act on

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that his assignment to the Aviation Science High School C of the Air Force Education Headquarters was changed, and the Plaintiff was born and experienced stress due to excessive work, and caused suicide.

Although the death of the deceased is caused by self-injury of the deceased, there is a proximate causal relation between the death and the work of the deceased, since the motive that the deceased caused suicide is overwork and stress caused by work.

Therefore, the Defendant’s disposition that did not recognize the deceased as a person who rendered distinguished services to the State or a person eligible for veteran’s compensation is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The judgment of the first time soldier or policeman killed in action and the police officer killed in action.

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