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(영문) 전주지방법원 2017.12.01 2017가합2082

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From May 13, 1969 to May 31, 1972, the Plaintiff served in the military unit B (one "C"; hereinafter "instant military unit") under the 965 military unit, which is the military intelligence unit.

B. On February 1, 2010, the Plaintiff filed an application for payment of compensation, etc. under the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Compensation Act”) on the ground that the Plaintiff entered the instant military unit and received education and training.

C. On April 27, 2010, the commission recognized the Plaintiff as a person who performed a special military mission who received education and training related to a special military mission, and decided to pay the Plaintiff the remainder of KRW 131,176,490, which deducts the Plaintiff’s salary of KRW 1,034,960 from the total of KRW 69,930,000, and the basic bonus of KRW 62,281,450 according to the payment standards set forth in the Compensation Act and the Enforcement Decree of the Compensation Act.

On June 3, 2010, the Plaintiff, who was dissatisfied with the foregoing decision, filed an application for review with the Committee on June 3, 2010, to the effect that the Plaintiff would request the Committee to review, taking into account dental diseases, incurable diseases, and scarcity diseases that

On April 26, 2011, the Committee revoked the preceding disposition on the ground that the Plaintiff “the result of reexamination that only the inception disease, except the inception disease, and the Huuri disease constitutes physical disability that occurred in the course of education and training,” and that the disability grade falls under class 12, the Committee decided to pay to the Plaintiff KRW 9,705,60 (i.e., the base amount for special consolation x KRW 121,320,00 x the payment rate of Grade 12 x 0.08) (i.e., KRW 140,882,090 (i., 131,176, 490 won, 705,600 won).”

E. On June 7, 2010, the Plaintiff filed an application for registration with a person who rendered distinguished services to the State, alleging that he/she suffered from injuries due to an excessive training during military service, due to my/her illness, incurable symptoms, or brue disorder.