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(영문) 서울고등법원 2016.04.06 2015누47821
상이등급판정처분취소
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

The reasoning of the judgment of the court of first instance is that of the court of first instance, except for the addition of the following to the 6th 8th 6th s of the judgment of the court of first instance, and therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

【Additionally, the Plaintiff’s assertion cannot be accepted in the following respect.

The former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 13605, Dec. 22, 2015; hereinafter “Act”) provides that a soldier or policeman wounded on duty or police fire-fighting service who was wounded in the course of performing his/her duty or education and training directly related to national security or the protection of the lives and property of the people (including diseases) and discharged from military service or retired from office as a soldier or police officer wounded on duty, and the degree of disability is determined as

Article 4(1)6 of the Act and the Enforcement Decree of the Act on the Registration of Persons of Distinguished Service to the State (amended by Presidential Decree No. 24309, Jan. 14, 2013; hereinafter “Enforcement Decree of the Act”), comprehensively taking into account all the provisions of the Act and the former Enforcement Decree of the Act on the Registration of Persons of Distinguished Service to the State (amended by Presidential Decree No. 24309, Jan. 14, 2013; hereinafter “Enforcement Decree of the Act”), the procedure for the registration of persons of distinguished service to the State who were wounded on duty under Article 4(1)6 of the Act, except as otherwise provided for in the Act and subordinate statutes, shall be construed as the procedure for determining whether the relevant wound falls under the category of illness in the line of duty or education and training (including illness in the line of duty; hereinafter “the procedure for recognition of injury”) directly related to national defense security or the protection of people’s lives and property (hereinafter “the procedure for the

Therefore, it is true.

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