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(영문) 의정부지방법원 2016.12.14 2015구단5441

국가유공자요건 비해당 결정등처분취소

Text

1. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on March 4, 2015, regarding “the escape certificate of a conical signboard from the 5-6th century.”

Reasons

1. Details of the disposition;

A. On December 9, 1983, the Plaintiff (B) served as a fire-fighting official on his/her duty and retired from the retirement age on June 30, 2014.

B. On August 12, 2003, the Plaintiff called out to extinguish a fire (hereinafter “the instant fire site”) that occurred in an apartment located in Mapo-gu Seoul, Seoul (hereinafter “the instant fire site”). After that, the Plaintiff asserted to the effect that “the fire in the instant fire site exceeded vadi as it did not seem to have been advanced due to the postponement of fire extinguishment in the fire, and suffered from wounds on the back part of the wooden part and the shoulder,” and that “the instant accident” was approved by the National Health Insurance Corporation as a medical care for 60 days in the line of official duty from the National Health Insurance Corporation (hereinafter “instant accident”), and on March 12, 2004, the Defendant applied for registration as a public official on duty to the Defendant on the application of a certificate of the escape from a warning board, and the Defendant determined that the Plaintiff’s injury was a public official on May 7, 2004, but recognized as a public official of distinguished service to the State under Article 14 subparag. 14(1) of the former Act.

C. On July 17, 2014, the Plaintiff retired from office, on the ground that the Defendant applied for registration of a soldier or policeman wounded on active duty (hereinafter “the instant application street”). On March 4, 2015, the Defendant: (a) determined that the fire fighter was not injured on the fire fighting report prepared at the time the instant accident occurred; and (b) determined that the Plaintiff’s age fell under the requirements for soldier or policeman wounded on active duty, but falls under the requirements for soldier or policeman, and constitutes the requirements for military person and police officer; and (c) “the 5-6 conical signboard escape certificate” on March 4, 2015, the Defendant confirmed that there was no fire fighter injured on the fire fighting report prepared by the Plaintiff at the time of the instant accident.