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(영문) 인천지방법원 2017.03.21 2016구단50171
국가유공자등록거부처분취소 청구의 소
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;

가. 원고의 배우자 망 B(C생, 이하, ‘망인’이라 한다)는 1996. 7. 4. 육군에 입대하여 1997. 6. 14. 부사관으로 임관한 자로서, 2014. 12. 2. 12:00∽18:00 강원도 철원군 소재 민통선에서 주간 초소장 근무를 마치고 복귀하여 저녁식사를 마친 뒤 19:05경 탈의실에서 의식불명 상태로 발견되어 병원으로 이송되었으나, 같은 날 21:26경 관상동맥 죽상경화증에 의한 급성심근경색으로 사망하였다.

B. On March 8, 2015, the Plaintiff filed an application for registration of bereaved family members to the Defendant, but on July 28, 2015, the Defendant rendered a decision with respect to the Plaintiff, following deliberation by the Board of Patriots and Veterans Entitlement, that the deceased died of his/her duty or education and training directly related to the national security of the State or the protection of people’s lives and property, and thus does not constitute “the person who died on duty” under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”), but falls under “the person who died on duty” under Article 2(1)1 of the Act on Support for Persons of Distinguished Services to the State

(hereinafter referred to as the "disposition of this case" in the above Act on Persons of Distinguished Service to the State.

On August 21, 2015, the Plaintiff filed an objection to the Defendant. However, on November 23, 2015, the result of re-deliberation of the same content as before was notified.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. Mentality of the Plaintiff’s assertion that the Plaintiff worked in a later bank area for at least 17 years among the 17th and 6th months of the military service period, and not later than 6 months have passed since transferred to the front bank unit, and that the Plaintiff reached the instant case and transferred to the front bank unit.

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