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(영문) 광주고등법원 2019.01.31 2018누5757
국가유공자(전상군경) 추가상이 적용 비대상결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) entered the Army on July 5, 1951 and was discharged from military service on April 30, 1952, but died on November 8, 1967.

B. On April 16, 2012, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State by asserting that “the deceased sustained a total prize on the left part of the 625 War.” The head of the Macheon Patriots and Veterans Branch refers to the Section Blue House of the left part of July 31, 2012 following deliberation and resolution by the Board of Patriots and Veterans Affairs on June 25, 2012.

There are two boness on the parts of the arms from the parts of the elbow and the elbow to the parts of the arms, and there are two boness on the parts of the arms.

Recognizing that the vice-president was wounded and wounded in action, the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment of Persons, etc.”) was determined as bereaved family members (Grade VII 401) wounded in action under Article 4(1)4.

(hereinafter referred to as "existing disability rating") No. 401. C.

On April 5, 2016, the Plaintiff filed an additional application for registration with the person who rendered distinguished services to the State on the ground that “At the time of combat 625, the deceased was at the time of combat 625, leading the enemy to the right part, and was fright to the left part, and died on November 8, 1967 due to the aggravation of the sick age due to the total of the uniforms,” and that “the deceased died on November 8, 1967.”

(hereinafter “instant application”) D.

On August 29, 2016, the Defendant rendered a decision on August 29, 2016 that it does not constitute the requirements of Article 4(1)4 of the Act on Persons of Distinguished Services to the State on the ground that “It is not confirmed that specific and objective data that can prove that the deceased has sustained the whole part of the right while combat action or in the performance of duties in relation thereto

(hereinafter “instant disposition”) e.

The Plaintiff appealed and filed the instant lawsuit on September 5, 2016.

[Ground of recognition] Gap evidence Nos. 1, 3 through 7, 9, 18, Eul evidence Nos. 1, 2, and 5 (including paper numbers; hereinafter the same shall apply).

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