국가유공자요건비해당결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 6, 1987, the Plaintiff entered the Army and discharged from military service on September 13, 1988.
B. On April 3, 2015, the Plaintiff filed an application for registration with a person who rendered distinguished services to the State, asserting that “The Defendant had kneee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne
C. On October 21, 2015, the Defendant rendered a disposition corresponding to the requirements for soldier or policeman wounded on duty (hereinafter “instant disposition”) and persons eligible for veteran’s compensation, to the effect that “it is deemed that the Plaintiff did not recognize the injury as having been incurred in performing duties or education and training directly related to national security, etc. of the country where the injury occurred, but is considered to have been incurred during the physical training as a person serving mandatory military service.”
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that the Plaintiff was wounded in the instant sports games held during the Plaintiff’s alleged working hours and the participation was mandatory, and that the sports games are training and training courses directly related to the performance of duties, the Plaintiff constitutes a soldier or policeman on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, on the ground that “the soldier was discharged from military service by suffering from wounds in education and training directly related to national security or the protection of people’s lives
Therefore, the instant disposition on a different premise should be revoked in an unlawful manner.
B. Determination 1) Unlike the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201), the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act
Article 4 (1) 6 shall be referred to as "military personnel or police fire-fighting officials, who are national security or national life property."