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(영문) 전주지방법원 2013.08.23 2012가합6812

손해배상(기)

Text

1. Of the instant lawsuit, the decision of the Compensation Deliberation Committee for Persons who performed Special Military missions on April 26, 201 is based on the decision to pay compensation.

Reasons

1. Basic facts

A. From May 13, 1969 to May 31, 1972, the Plaintiff served in the military unit B (one name “C,” and hereinafter “instant military unit”) under the military unit B (one name “C,” and “instant military unit”).

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

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 wage of KRW 1,034,960 from the total of KRW 62,281,450, and the basic merit bonus of KRW 132,211,450 under the Compensation Act and the Enforcement Decree of the Compensation Act.

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

E. On April 26, 2011, the Committee decided to pay to the Plaintiff KRW 140,82,090 (i.e., KRW 131,176,490, plus KRW 9,705,600 as additional merit pay in accordance with the Compensation Act and the payment standards under the Enforcement Decree of the Compensation Act (hereinafter “instant compensation decision”) on the ground that “Inception disease except for the inception disease and the physical disability suffered in the course of education and training” (hereinafter “instant compensation decision”).

F. On June 7, 2010, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State by asserting that he/she suffered from injuries due to an excessive training during military service to the head of the Jeonju veterans branch, due to the incurable training, but the head of the Jeonju Veterans branch.