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(영문) 대법원 2017.11.14 2016두42524
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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

1. There is no validity of an order of personnel management for the plaintiff to invalidate his/her appointment.

As to the assertion that it is unreasonable or unjust, the lower court determined that the act of appointing the Plaintiff as a noncommissioned officer, despite the grounds for disqualification, is null and void as the act of appointing the Plaintiff as a noncommissioned Officer is automatically null and void even without any separate disposition, and that the appointment was null and void even if the notification of concept was made, and that the notification of the invalidation of the appointment was made after 17 years from the date of noncommissioned Officer’s officer’s

In light of the relevant legal principles, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation

2. Regarding whether a soldier or policeman was a soldier or policeman

A. Article 4(1)6 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 13718, Jan. 6, 2016; hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) provides that a person discharged from military service or retired from military service by suffering from wounds in the performance of duties or education and training directly related to national defense and security or the protection of people’s lives and property (including diseases), whose disability has been determined as a soldier or policeman on duty in the physical examination conducted by the Minister of Patriots and Veterans Affairs, shall be given honorable treatment

Meanwhile, the legislative purpose of the Act on Persons of Distinguished Services to the State is to contribute to the inspiring citizens' patriotism by properly treating and supporting persons who have sacrificed or contributed to the State (Article 1). The Act on Persons of Distinguished Services to the State should be respected as an example of noble patriotism by the sacrifice and contribution of persons of distinguished services to the State.

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