국가유공자요건비해당결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the judgment is changed as stated in the following Paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
(a)the following shall be added between conduct 13 and 14 of the first instance judgment:
【The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, which applies to the instant disposition, (amended by Act No. 11041, Sept. 15, 201); hereinafter “the Act on the Persons of Distinguished Services
(2) Article 4(1)6 of the Act provides that “A soldier, etc. who sustained an injury or disease while on duty (including illness in the line of duty)” refers to a soldier, etc. who sustained an injury or disease during education and training or in the performance of duty. Therefore, in order to become different as prescribed by the foregoing provision, there is a proximate causal relation between education and training or in the performance of duty and the injury or disease, and the causal relation between the soldier, etc. and the injury or disease should be verified by the party asserting it (see, e.g., Supreme Court Decision 2012Du8281, Nov. 29,
B. In full view of the facts that it is difficult to see that the defendant was a person who rendered distinguished service to the court of first instance, the part on the " alone, which was submitted to this court, is hard to see that it was a person who rendered distinguished service to the plaintiff," and the part on the "Article 20-21 of the first instance court's first instance court's first instance court's second instance court's second instance court's first instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's first instance court's first instance court's second instance court's second instance's first instance court's first instance court's second instance court's first instance court's first instance court's first instance court's second instance court's