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(영문) 대법원 2018.03.15 2017두65074
보훈보상대상자비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal that falls under subparagraph 10 of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation

A. Article 2(1) of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Act on Persons Eligible for Veteran’s Compensation”) provides that “A soldier or police fire-fighting officer who died in the course of performing his/her duty not directly related to national defense, national security, or the protection of people’s lives and property (including a person who died of a disease)” as a person eligible for veteran’s compensation, and the detailed criteria and scope for determining whether a person falls under the requirements for a person eligible for veteran’s compensation under each subparagraph of Article 2(2) of the Act and the scope of such determination should be determined by Presidential Decree by comprehensively taking into account (i) the performance of his/her duties, etc., national defense and security, or the protection of people’s lives and property

According to such delegation, Article 2(1) of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc.”) provides that a deceased or wounded person falling under any of subparagraphs 1 through 15 of [Attachment 1] of the Enforcement Decree of the Act on Support for Persons, etc. of Distinguished Services to the State shall be a person killed or wounded due to an accident or disaster during the performance of duties other than duties under subparagraph 2-2-1 through 2-8 of attached Table 1 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State, and subparagraph 10 of the same Article provides that “the person killed or wounded due to an accident or accident during the course

As above, the Act on Veterans' Compensation delegates to the Presidential Decree the detailed criteria and scope of the requirements for persons eligible for veteran's compensation, including the police officers killed in a disaster, and attached Table 1 of the Enforcement Decree of the Act on Veterans' Compensation.

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