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(영문) 서울고등법원 2018.12.19 2018누51630
국가유공자등록거부처분등
Text

1. Revocation of the first instance judgment.

2. Requirements for a person who rendered distinguished services to the Plaintiff on January 12, 2016.

Reasons

1. The reason why this part of the disposition is used by the court is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except that the part of the second and fourth parts of the judgment of the court of first instance, “the two heads shall be different parts and two different parts shall be different parts and the two different parts shall be damaged (hereinafter “the two different parts”). Thus, this part shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had performed military service around September 1989, caused the instant accident where he was faced with the head of the tree roots and the head was faced with him during the mountain field training. However, even though there was no appropriate treatment institution, the Plaintiff was given first-aid treatment to her so that she was placed in the roof, and there was no medical record, such as beds, in the relationship where she received medical treatment to the extent that she was placed in the military, and there was no medical record.

As such, the instant disposition was unlawful on the premise that the Plaintiff suffered from the instant wounds during the training conducted in the military service but did not constitute an injury to a person who rendered distinguished services to the State or a person eligible for veteran’s compensation.

B. Determination 1) Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”)

Article 4(1)6 of the Act on the Support for Persons Eligible for Veteran’s Compensation stipulates that “A soldier, etc. sustained a wound in the performance of duties or education and training directly related to national security or the protection of people’s lives and property” as the requirements of soldiers and police officers, and Article 2(1)2 of the Act on the Support for Persons Eligible for Veteran’s Compensation stipulates that “A soldier, etc. sustained a wound in the performance of duties or education and training not directly related to national security or the protection of people’

In other words, what kind of performance of duties or education and training is.

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