[국가유공자등록거부처분취소][공1998.9.15.(66),2321]
The case holding that an officer is a soldier or policeman wounded on duty, in case where an officer was a soldier or policeman wounded due to a traffic accident that occurred while he was living in Seoul as his unit was scheduled to perform watchkeeping duty on duty in the middle of his own as he returned to his family with his family and became a partner or policeman on duty.
The case holding that it is a soldier or policeman on duty under the former Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State (amended by Act No. 5291 of Jan. 13, 1997), where a traffic accident occurred while the Army subrogation belonging to the Ministry of National Defense, who visited the house of the Dong with his family members, and returned to his own car on the last day of the annual leave, and he was scheduled to perform duty on duty while going to Seoul, and was wounded due to a traffic accident.
Article 4 (1) 6 of the former Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State (amended by Act No. 5291 of Jan. 13, 1997) (see current Article 4 (1) 6 of the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State), Article 3-2 [Attachment Table 1] and Article 14 [Attachment Table 3] of the former Enforcement Decree of the Act on the Honorable Treatment, etc. of Persons, of Distinguished Services to the State
Plaintiff
The Commissioner of Busan Regional Veterans Administration
Busan High Court Decision 97Gu5787 delivered on December 24, 1997
The appeal is dismissed. The costs of appeal are assessed against the defendant.
The court below, as a soldier or policeman belonging to the Ministry of National Defense, was going out of office and retired from office at the 1st 3rd dong of Geumcheon-gu, Seoul, but visited the house of a Dong in Gyeonggi-do with his family members from September 8, 1995 to October of the same month, and started work on duty for the first 06:30 of the same month from the last 10th 09:0 of the same month, and decided that the remaining 6th malary of the above 9th malary 7th malary malary of the Seoul, which was found to be unlawful by the Presidential Decree No. 9 of the Act on Persons of Distinguished Services to the State, while serving on duty at the 1st 6th malth malth eth eth eth 7th malth eth eth eth eth eth eth eth eth eth eth eth 7th eth eth eth eth eth eth eth eth.
In light of the records and the provisions of relevant Acts and subordinate statutes, the judgment of the court below is just, and there is no violation of the rules of evidence or misapprehension of legal principles as alleged in the grounds of appeal.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.
Justices Lee Don-hee (Presiding Justice)