logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2017.11.20 2017누690
국가유공자유족 등록거부처분 및 보훈보상대상자유족 등록거부처분취소
Text

1. The defendant's appeal is dismissed.

2. One-half of the total costs of the lawsuit after filing the appeal shall be the plaintiff, and the remainder shall be the defendant.

Reasons

Details of the disposition

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following facts are significant in the process of the instant lawsuit and the scope of the adjudication.

The Plaintiff filed a lawsuit against the Defendant seeking revocation of the instant disposition (Sacheon District Court 2014Guhap4649). At the time, the Plaintiff filed a claim for revocation of the disposition of refusal of entitlement to veterans' compensation and a claim for revocation of the disposition of refusal of entitlement to veterans' compensation simply in

The court of first instance accepted the Plaintiff’s claim in entirety and revoked the entire disposition of this case on the ground that “The proximate causal relation between the loss and the death caused by the driver’s excessive driving is recognized.”

Accordingly, the Defendant appealed against the judgment of the first instance court (Seoul High Court) (Seoul High Court) 2015Nu252), and the first instance court prior to remanded the case, changed the judgment of the first instance court to the effect that “ insofar as it is recognized that the deceased died while performing his/her duties directly related to national security, it may not constitute the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), and thus, cannot constitute the Act on Support for Persons of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”). The Plaintiff’s claim against the disposition

In other words, the Defendant filed a final appeal against the part against the Defendant (Supreme Court Decision 2015Du56397), and the Supreme Court of Korea has to “in order to fall under the law of the State of Distinguished Services to the State, the Defendant must die due to an accident or disaster, which occurred directly related to the protection

However, in the case of the deceased, there is a proximate causal relationship between the accumulated dynasty due to emergency duty, etc.

arrow