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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1.(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. 11041, Sep. 15, 201; hereinafter “Act on the Persons, etc.”) provides that “A soldier or police officer who was wounded in the course of education and training or in the performance of duty as a soldier or police officer” shall be deemed to have suffered physical disability falling within that degree of injury under Article 6-4 in a physical examination conducted by the Minister of Patriots and Veterans Affairs, and Article 4(6)1 of the same Act provides that “a soldier or police officer who was wounded in the course of education and training or in the performance of duty (including illness in the line of duty), who was determined to have suffered physical disability falling within that degree of injury under Article 6-4 in a physical examination conducted by
In addition, Article 73-2 (1) of the Act on Persons of Distinguished Service to the State "the Minister of Patriots and Veterans Affairs shall be the person who meets the requirements under Article 4 (1) 5, 6, 13 or 14 and who died or was injured under such requirements."
(ii) A person killed or wounded due to the person's negligence or his/her bereaved family member or family member who died or died due to a concurrent cause between his/her own negligence and the person's bereaved family member or family member registered pursuant to Articles 4 (1) and 6 shall be excluded, but it shall include cases where he/she died (including cases where he/she died prior to an application for registration under Article 6 (1) after having been discharged or retired from active service by suffering from wounds)
Where a person is wounded, the bereaved family of the deceased or the wounded person and his/her family shall be compensated by applying mutatis mutandis the provisions of Articles 9 and 11 through 62.
Provided, That the Minister of Patriots and Veterans Affairs shall make compensation as prescribed by Presidential Decree.