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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) is classified into eighteen categories.
Of those who were discharged from military service or retired from military service after having been wounded (including diseases) in the course of performing their duties or education and training directly related to national defense and security, or the protection of the lives and property of the people, “military police officers or fire officers killed in the line of duty” refers to persons determined at a disability rating in the physical examination conducted by the Minister of Patriots and Veterans Affairs (Article 4(1)6). Persons who intend to be persons of distinguished service to the State as soldiers or police officers on duty shall file an application for
(Article 6(1). Upon receipt of such application, the Minister of Patriots and Veterans Affairs shall confirm the requirements prescribed in Article 4 of the Act on the Persons of Distinguished Service to the State and determine whether a person falls under the category of persons of distinguished service to the State (Article 6(3)), and shall undergo deliberation and resolution by the Committee
(The Minister of Patriots and Veterans Affairs shall conduct a physical examination to determine whether a wounded person is eligible for the application of the Act on Persons of Distinguished Services to the State and to determine his/her disability rating due to changes, etc. in the degree of his/her disability or injury.
(Article 6-3 (1) 1). The disability rating of a person subject to a physical examination shall be determined by dividing it into Grades I through VII according to the degree of his disability, subject to the deliberation and resolution of the Board of Patriots
(Article 6-4(1). In such cases, Article 14(3) [Attached Table 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State pursuant to delegation of Article 6-4(3) of the same Act shall be set forth in Article 14(3) [Attachment Table 3] of the Enforcement Decree of the same Act, and Article 8-3 [Attachment Table 4] of the Enforcement Rule of the same Act in accordance with delegation of Article 14(2) of
And the honorable treatment and support of persons of distinguished service.