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(영문) 서울고등법원 2015.11.24 2015누55778

국가유공자요건비해당결정 취소청구의 소

Text

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.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Army on October 13, 2009 and was discharged from military service on August 7, 201, while serving in the Army.

B. On June 23, 2013, the Plaintiff filed an application with the Defendant for registration of persons who rendered distinguished services to the State on the basis of the Defendant’s application for “nivement in Gyeyang-gu and pulmonary Tuberculosis.”

C. On November 11, 2013, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant notified the Plaintiff of the following:

The decision to exclude the requirements of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State") and the Act on Support for Persons Eligible for Veteran's Compensation (hereinafter referred to as the "Act") and the decision to exclude the requirements of the Act on the Support for Persons Eligible for Veteran's Compensation (hereinafter referred to as the "Disposition of this case"). The "Annannannannannannan" does not constitute a proximate causal relationship between the military performance of official duties, and thus does not fall under the requirements of the "Military Meritorious in Action" (Article 4 (1)

The term "waste tuberculosis" does not correspond to the requirements of the Act on Persons of Distinguished Services to the State, but falls under the requirements of the "Act on Persons of Distinguished Services to the State", and thus, it shall be determined as persons eligible for physical examination under Article 6 of the Act on Persons

【Evidence Evidence Nos. 1, 2, and 1

2. Whether the instant disposition is lawful

A. The reasoning of the court’s explanation concerning the above part of the Plaintiff’s assertion is as stated in Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act, since the reasoning of the court of first instance is the same as that of the second to twenty copies of the judgment.

B. The requirements of the Act on Persons of Distinguished Service to the State and the requirements of the Act on Persons of Distinguished Service to the State, Article 4(1)6 of the Act on Persons, etc. of Distinguished Service to the State, are different in the performance of duties or education and training directly related to national defense and security, or the protection of the lives and property of the people.