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(영문) 대구고등법원 2017.08.25 2015누5482
국가유공자요건비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. B, the Plaintiff’s spouse, was appointed as a local fire-fighting official on November 26, 1984 and worked for approximately twenty-six years on August 19, 2010, and died on September 8, 2012.

B. On January 9, 2014, the Plaintiff asserted that B (hereinafter referred to as “the deceased”) frequently exposed toxic substances while conducting disaster control and rescue activities at various disaster and fire sites as fire officers, and that waste cancer occurred. The Plaintiff filed an application for registration of bereaved family members of persons who have rendered distinguished services to the State with the Defendant.

C. Accordingly, on May 27, 2014, the Defendant rendered a disposition against the Plaintiff on the ground that specific and objective data to prove proximate causal relationship between the deceased and the performance of official duties are not confirmed (hereinafter “instant disposition”) to determine that the deceased did not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 5, Eul's 1 and 3 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a fire officer, called out to various fire and disaster scenes for 26 years, led to the accumulation of toxic substances in the body by frequently inhaleing large amounts of smoke and toxic gas while performing fire extinguishment, disaster control, and life-saving activities. In the process of performing duties in the night school duty for a long time and at the disaster scene, the Plaintiff’s allegation died due to excessive and stress.

Therefore, there is a proximate causal link between the performance of duties as a senior fire fighter, the outbreak of waste cancer, and the death on duty of the deceased, and thus, the Defendant’s disposition of this case is unlawful.

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

C. 1) High-rankings are appointed on November 26, 1984 as local fire-fighting officials of Daegu Special Metropolitan City and Metropolitan Cities (fire-fighting officials) and in Daegu Metropolitan City, respectively.

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