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(영문) 전주지방법원 2017.04.26 2016구단643
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 1, 1988, the Plaintiff entered the Air Force and was on duty as B combat flight personnel education and personnel records soldier, and was on duty from October 4, 1990 to the 10th day of the same month.

Accordingly, the Plaintiff had conflicted with the taxi on the crosswalks located in the Dog-si, Seocheon-gun, Chungcheongnam-do (hereinafter “instant accident”). As a result, the Plaintiff suffered from the collision with the taxi on October 4, 1990, on the crosswalks located in the Dog-si, Seocheon-gun, Seocheon-gun (hereinafter “instant accident”). Accordingly, the Plaintiff suffered from the instant additional disease on the part of the Dog-si, Seocheon-gu, Seocheon-do, and the outer side of the Dog-si (hereinafter “the instant injury”).

B. On July 19, 1999 after the date of discharge from active service on September 30, 1991, the Plaintiff filed an application for registration of the person who has rendered distinguished service to the State (hereinafter “first application for registration”). On October 12, 1999, the Board of Patriots and Veterans Entitlement before it amended by Act No. 11041, Sept. 15, 201; hereinafter “former Act on Persons of Distinguished Service to the State”) deliberated and resolved on the person who is a soldier or policeman on duty or on duty under Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sept. 15, 201;

C. On April 2, 2015, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State (hereinafter “previous application for registration”). However, on July 20, 2015, the Defendant amended the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”) as of July 1, 2012, and separated the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “the Act on Persons of Distinguished Services to the State”). The instant injury and disease was caused by a traffic accident that the Plaintiff was at the destination on the net route and method with leave granted to the person of compulsory service, and thus, national defense and security or citizens’ welfare.

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