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(영문) 대법원 2017.04.27 2015두41333
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides that “A soldier or police fire-fighting official, who was discharged from military service or retired from military service by suffering from wounds (including diseases) in the performance of duties or education and training directly related to national security or the protection of people’s lives and property, whose disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs, shall be determined as a soldier or policeman on duty who has rendered distinguished service to the State, and

Article 3 [Attachment 1] 2-1 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State") provides that "any person who has been killed or wounded due to an accident or disaster that directly caused the performance of his/her duties

The purpose of this item is to stipulate that “a person who suffered from a disease medically recognized as having caused an acute disease due to the direct cause of duties or education and training from 2-1 to 2-7” or a person who died from such disease is excluded from cases where an existing disease has been caused or aggravated” as one of the persons who rendered distinguished services to the State.

In full view of the language, structure, legislative intent, and legislative history of the Act on Persons of Distinguished Services to the State, in order to recognize that the performance of duties or education and training was a “direct cause” as stipulated in Article 3 [Attachment 1] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, there is insufficient proximate causal relation between the performance of duties, education and training, and death or wound, and the death or wound is guaranteed by the State’

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