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(영문) 대전고등법원(청주) 2019.09.11 2019누1426
국가유공자요건비해당결정취소
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The Defendant limited to the Plaintiff on May 29, 2017.

Reasons

1. Details and circumstances of the disposition;

2. The reasoning of this part of the court’s statute concerning the Plaintiff’s assertion is as follows: (a) and (b) reasoning of the judgment of the court of first instance;

(2) Article 8(2) of the Administrative Litigation Act and Article 420(1)6 of the Civil Procedure Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Persons of Distinguished Service to the State”) provides that a soldier or police officer who discharged from military service or retired from military service by suffering from wounds in the performance of duties or education and training having direct relation to national defense, security, or the protection of the lives and property of the people as a soldier or police officer, who is a soldier or police officer, whose disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs, and the specific criteria and scope thereof are prescribed in subparagraph 2-1 through 2-8 of attached Table 1 related to Article 3 of the Enforcement Decree of the Act

The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the deceased’s Cho Jae-in’s injury was caused or aggravated due to the performance of duties or education and training, such as the performance of duties or education and training falling under subparagraph 2-1 through 2-8 of attached Table 1, or the protection of the people’s lives and property, and there is no other evidence to acknowledge this otherwise.

Therefore, the part of the disposition of this case that the deceased did not constitute a soldier or policeman on duty as determined by the Act on Persons of Distinguished Service is legitimate, and therefore the plaintiff's primary claim

4. Determination as to a conjunctive claim for veteran's compensation

A. The term "an injury during education and training or in the performance of duty (including illness in the line of duty)" referred to in Article 4 (1) 6 of the Act on Persons of Distinguished Service to the State refers to the injury or disease inflicted on military personnel or police officers during education and training or in the performance of duty.

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