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(영문) 전주지방법원 2016.06.08 2015구단1328
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 1, 1988, the Plaintiff entered the Air Force and served as the 17th M&C B, and was ordered the filial leave from October 4, 1990 to the 10th of the same month.

Accordingly, on October 4, 1990, the Plaintiff conflict with the taxi at the crosswalk located in the Gun, Si, Gun (hereinafter “instant accident”), which was located in Seocheon-gun, Seocheon-gun, Chungcheongnam-do (hereinafter “instant accident”), and as a result, caused the collision with the taxi (hereinafter “instant difference”).

B. After discharge from military service on September 30, 1991, the Plaintiff filed an application for registration of persons who rendered distinguished services to the State (hereinafter “previous application for registration”) on July 19, 199. The Board of Patriots and Veterans Entitlement deliberated and decided on a person who was a soldier or policeman wounded on duty, but was determined below the grading standard in a physical examination.

C. On April 2, 2015, the Plaintiff again filed an application for registration of a person who has rendered distinguished services to the State (hereinafter “instant application for registration”), but the Defendant: (a) on July 20, 2015, based on the following circumstances: (b) the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State was amended as of July 1, 2012; and (c) the Act on the Support for Persons, etc. of Distinguished Services to the State was enacted to separately deliberate on the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation; (b) the injury is deemed to have been injured due to traffic accidents that occurred in the course and method of destination with permission for compulsory service; (c) the injury is not deemed directly related to the national defense and security, or the protection of the lives and property of the people; but (d) the injury is recognized as legally different from the performance of official duties under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

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