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(영문) 광주고등법원(전주) 2014.12.18 2014나487
손해배상(기)
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. Basic facts

A. From May 13, 1969 to May 31, 1972, the Plaintiff served in the military unit B (one name “C,” and hereinafter “instant military unit”) under the military unit B (one name “C,” and “instant military unit”).

B. On February 1, 2010, the Plaintiff filed an application for payment of compensation, etc. under the Act on the Compensation for Persons of Special Military Missions (hereinafter “Compensation Act”) on the ground that the Plaintiff entered the instant military unit and received education and training, with the Compensation Deliberation Committee for Persons of Special Military Missions (hereinafter “Committee”).

C. On April 27, 2010, the commission recognized the Plaintiff as a person who performed a special military mission who received education and training related to a special military mission, and decided to pay the Plaintiff the remainder of KRW 131,176,490, which deducts the Plaintiff’s wage of KRW 1,034,960 from the total of KRW 62,281,450, and the basic merit bonus of KRW 132,211,450 according to the payment standards set forth in the Compensation Act and the Enforcement Decree of the Compensation Act.

On June 3, 2010, the Plaintiff, who was dissatisfied with the above decision on the payment, filed an application for review with the Committee to the effect that the Plaintiff would request the Committee to review in consideration of dental diseases, incurable diseases, and scarcity diseases at the time of receiving the education and training.

E. On April 26, 2011, the Committee revoked the preceding disposition of the instant case on the ground that “the physical disability except for the scarcity disease as a result of reexamination falls under class 12, and the disability grade falls under class.” The Committee decided to pay the Plaintiff KRW 140,882,090 (i.e., KRW 121,320,00 x 08 of the base amount for special consolation x 121,320,000 x 0.08) (i.e., the rate of payment of disability grade 12) under the Compensation Act and the Enforcement Decree of the Compensation Act (hereinafter “instant compensation decision”).

F. On June 7, 2010, the Plaintiff: (a) on military service with the head of the Jeonju veterans’ Office, due to an excessive training during military service, and (b) franchis disease, subfertility symptoms, and hina.

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