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(영문) 대법원 2017.03.09 2016두55933
국가유공자 및 보훈보상대상자 비해당결정처분취소
Text

The judgment below

The part concerning the escape certificate of a conical signboard No. 5-1 shall be reversed, and this part of this case shall be reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Whether the Enforcement Decree applied in this case is null and void

A. Where it is not clear whether an enforcement decree conflicts with the parent law, if it is possible to interpret that a provision accords with the parent law by comprehensively taking into account other provisions of the parent law and its legislative intent, history, etc., such provision shall not be declared null and void as a violation of the parent law (see, e.g., Supreme Court Decision 2011Du6264, Jan. 16, 2014).

Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) provides that “military personnel or police fire-fighting officers who were wounded in the line of duty or during education and training (including diseases) directly related to national security or the protection of people’s lives and property,” shall be determined by the Presidential Decree in consideration of the scope of persons who have rendered distinguished services to the State, such as soldiers and police officers and retired from the line of duty, and the specific criteria and scope of whether they meet the requirements for persons who have rendered distinguished services to the State, such as soldiers and police officers and police officers, shall be determined by the Presidential Decree in consideration of the following: “the extent of performance of duties or duties corresponding thereto, such as soldiers and police officers and police officers, etc.,” “the degree of national security or education and training and national security, or the protection of people’s lives and property,” “the grounds for recognition of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”

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