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(영문) 서울행정법원 2015.08.13 2014구단52827
국가유공자유족등록거부처분등취소
Text

1. On May 2, 2013, the Defendant’s disposition of non-conformity of the requirements for persons eligible for veteran’s compensation against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2006, the Plaintiff is the father of the deceased B (hereinafter “the deceased”) who voluntarily concealed his timber on February 25, 2007 while serving in the Army as Second Lieutenant on March 1, 2006.

B. On January 7, 2013, the Plaintiff filed an application with the Defendant for registration as a person who rendered distinguished services to the State and his bereaved family members. On May 2, 2013, the Defendant rendered a non-approval of the Plaintiff’s application (hereinafter “instant disposition”) on the ground that “the deceased is not recognized as having died during the performance of duties or education and training directly related to the protection of the lives and property of the people or having died of harsh treatment related thereto as a direct cause.”

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1, 2, Eul No. 1, 2, 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the position of the head of the information division of the military unit was changed, and the Plaintiff’s assertion was suffering from extreme stress due to the birth and excessive work, and caused suicide.

Although the death of the deceased is caused by self-injury of the deceased, a proximate causal relationship is recognized between the death and the work of the deceased, since the motive that the deceased caused suicide is excessive stress due to 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.

나. 인정사실 ㈎ 망인은 단기복무 학군장교(ROTC 44기) 자격으로 2006. 3. 1. 육군 소위로 임관하여 육군포병학교에서 초군반 교육을 수료한 후 2006. 6. 29. 육군 제21포병사단 포병연대 C대대(이하 ‘부대’라고 한다)에 배치되어 관측장교와 군수보좌관 업무를 수행하였다.

㈏ 그러던 중 부대 정보과장인 D가 2006. 11. 12. 고군반(OAC) 교육을 위해 입교하게 되었는데, 부대 장교 인력이 부족하자 동기들 중 일을...

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