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(영문) 부산고등법원(창원) 2020.12.09 2020누10343
국가유공자등록거부처분취소 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Case summary

A. On October 16, 2013, the Plaintiff’s application for registration of a person who rendered distinguished services to the State for the injury of “ear, knee, knee, kneb, and dub” submitted on or around October 16, 2013, the Board of Patriots and Veterans Entitlement recognized that “ear” on March 10, 2014 falls under the requirements of Article 4(1)4 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 1714, Mar. 24, 2020; hereinafter “former Act on Persons of Distinguished Services to the State”) was different from other combat or other related actions, such as confirmation of the degree of injury inflicted on the Gan River on July 23, 1950, and thus, it did not recognize that the “ear” was a soldier or policeman wounded in action falling under the requirements of proving the injury or any other similar duty.

After its resolution, there was a judgment that the above recognized wounds did not meet the standards of rating in the physical examination conducted, and accordingly, the head of the Seoul Regional Veterans Administration decided that the plaintiff does not constitute a person of distinguished service to the State on November 14, 2014.

B. On October 14, 2016, the Board of Patriots and Veterans Entitlement made a resolution on May 22, 2017 on the application of the same content as the above "A" that was submitted again on or around October 14, 2016, that only "Iekne, knee, knee, and dub" did not change circumstances to reverse the existing result of deliberation, and that "Ie" did not confirm objective data that can prove the difference in combat or performing duties, as regards "Ie", "Iekne, knee, kne, and dub" did not confirm the difference in combat or performing duties.

C. On May 29, 2017, the Defendant is the Plaintiff as the other party.

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