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(영문) 서울고등법원 2016.10.12 2016누36156
국가유공자 및 보훈보상대상자 비해당결정처분취소
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim and conjunctive claim are all dismissed.

Reasons

Details of the disposition

① On March 6, 2001, the Plaintiff entered the Army and was discharged from military service on September 13, 2001.

② On September 24, 2001, the Plaintiff filed an application for registration with a person who has rendered distinguished services to the State on the ground that “after the genetic training on June 22, 2001, a serious sacrifies have occurred, and was discharged from military service after surgery at a hospital,” and that “I would like to file an application for registration of persons who have rendered distinguished services to the State” (hereinafter “instant wounds”), but the Defendant notified the Plaintiff of the results of the said deliberation following the deliberation and resolution by the Board of Patriots and Veterans on December 18, 2001.

③ On October 4, 2013, the Plaintiff filed an application for re-registration of persons who rendered distinguished services to the State on the ground that the instant wounds were applied for.

④ On February 5, 2014, following the deliberation of the Board of Patriots and Veterans Entitlement, the Defendant did not meet the requirements for persons who have rendered distinguished service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”), among the instant injuries, for the escape from the signboard No. 4-5 (the condition after the Rose of Sharon and the removal of signboards), but determined that the number of persons who have rendered distinguished service to the State was wounded in performing official duties under the Act on Support for Persons of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service”). However, the Defendant determined that the escape from the signboard No. 5-Yu-Yok (the status after the ancient

(2) Article 3(1) [Attachment 1] of the Enforcement Decree of the Act on Persons, etc. of Distinguished Services to the State and Article 3(1) [Attachment 1] of the Enforcement Decree of the Act on Persons, etc. of Distinguished Services to the State and Article 3(1) [Attachment 1] of the Enforcement Decree of the Act on Persons, etc. of Distinguished Services to the State and Article 3(2) of the Enforcement Decree of the Act on Persons, etc. of Distinguished Services to the State, shall be excluded from the scope of delegation because they are not related to

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