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(영문) 서울행정법원 2016.08.04 2016구단56380
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 6, 2013, the Plaintiff entered the Army and discharged the Plaintiff from military service on December 10, 2014.

On August 6, 2014, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State on August 6, 2016 with the Defendant on the grounds that “the Modern War” occurred during the Madern Games.

On April 13, 2016, the Defendant determined that the injury was not recognized as a wound during the performance of duties or education and training directly related to national security, etc., and determined that it was a wound during physical training, and determined that the injury was a wound during physical training, and determined that it constitutes a person eligible for veteran’s compensation as to “the person eligible for veteran’s compensation” as to “the person eligible for veteran’s compensation.” [In the absence of any dispute over the grounds for recognition, Party A’s evidence Nos. 1, 4, and the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is an education and training necessary for the measurement of combat forces conducted under the command of his superior among the day and hours of combat sports, and thus, the Plaintiff constitutes a person of distinguished service to the State under Article 3 [Attachment 1] 2-2 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”).

The instant disposition is unlawful on a different premise.

B. Unlike the former Act on Persons of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201), Article 4(1)6 of the current Act on Persons of Distinguished Services to the State provides that “A soldier or police fire-fighting official who was discharged from or retired from the military service by suffering from wounds in the performance of duties or education and training directly related to national security or the protection of people’s lives and property (including diseases) and whose degree of disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs, shall be determined as a soldier or police officer who was one of the persons of distinguished services to the State,

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