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(영문) 서울고등법원 2017.07.11 2017누40862

국가유공자 및 보훈보상대상자 비해당결정처분취소

Text

1. Of the judgment of the court of first instance, the part concerning the escape evidence of conical signboards No. 5-Tap. 1 is changed as follows.

Reasons

1. The defendant decided that the application for registration of persons who rendered distinguished services to the State regarding the escape certificate of conical signboards between the plaintiff's necessity and the escape certificate of conical signboards No. 4-5 and the escape certificate of conical signboards No. 5-1 constituted a person eligible for veteran's compensation. The first instance court dismissed the plaintiff's application seeking revocation of the above disposition by asserting that the escape certificate of each of the aforementioned conical signboards falls under the requirements of persons who rendered distinguished services to the State.

In response, the Plaintiff filed an appeal in the first instance court prior to the remanding case changed the claim into the primary and conjunctive claim as above, and the first instance court prior to the remanding case changed the judgment with the purport of dismissing both the Plaintiff’s primary and conjunctive claim.

In this regard, the Supreme Court reversed and remanded the part of the escape evidence of the trial of the party which was remanded before the remand, and dismissed the remainder of the plaintiff's appeal.

Therefore, among the judgment of the party before remanding, the part on the escape from a conical signboard No. 4-5 is finalized to be against the plaintiff, and the scope of the judgment of the court is limited to the part on the escape from a conical signboard No. 5 to No. 1, which is the part on the reversal and return.

2. The Plaintiff entered the Army on March 6, 2001 and was discharged from military service on September 13, 2001.

On September 24, 2001, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State on the ground that the Plaintiff, on June 22, 2001, when the Defendant was serving in the military, caused severe typology after training, and was discharged from the hospital after surgery at the hospital, and filed an application for registration of a person who has rendered distinguished services to the State. However, the Defendant notified the Plaintiff of the foregoing results of deliberation following the deliberation and resolution by the Board of Patriots and Veterans Entitlement on December 18, 2001.

On October 4, 2013, the Plaintiff applied for re-registration of a person of distinguished service to the State on the same application basis.

On February 5, 2014, the defendant, after deliberation by the Board of Patriots and Veterans Entitlement, cross-standing signboards No. 4-5 in the 2014.