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(영문) 대법원 2016.07.27 2015두46994
국가유공자요건비해당결정취소
Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

1. Determination on the grounds of appeal on the part concerning the claim for revocation of a disposition that rendered distinguished service to the State

A. The former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 2011)

. The former Act on Persons of Distinguished Service to the State (hereinafter referred to as “former Act”).

Unlike the current 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 (hereinafter “the Act on Veterans’ Compensation”) provides that “A soldier or police fire-fighting official who was discharged from military service or retired from military service by suffering from wounds in the performance of his/her duties or education and training directly related to national security or the protection of people’s lives and property, whose degree of disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs, shall be one of the persons who rendered distinguished services to the State, and thus, the nature of his/her duties or education and training shall be directly related to national defense and security or the protection of people’s lives and property.”

Persons eligible for veteran's compensation pursuant to Article 2 (1) 2.

As such, the purport of dividing persons who have rendered distinguished services to the State and persons eligible for veteran's compensation lies in enhancing the identity of veterans by classifying them as persons who have rendered distinguished services to the State, and by simply classifying them as persons eligible for veteran's compensation, and by providing appropriate honorable treatment, support, and compensation.

Meanwhile, Article 4(2) of the Act on Persons of Distinguished Service to the State delegates specific standards and scope to Presidential Decree.

this mandate.

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