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(영문) 서울고등법원 2016.07.08 2015누63229
국가유공자비해당결정처분취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following supplementary judgments, thereby citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Supplementary Judgment] The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) was partially amended by Act No. 11041 on September 15, 201. Unlike the previous years, the aforementioned Act added the requirements for recognizing public officials who died on duty, died on duty, or died on duty as persons of distinguished services to the State as persons of distinguished services to the State, which are directly related to national defense and security, or to the protection of the people’s lives and property, to “be discharged from active service or retired from office due to death or

(1) Article 4(1) of the Act on Persons of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”) was enacted on the same day by Act No. 11042, and the Act on Support for Persons of Distinguished Services to the State was enacted on the same day. The Act on Persons of Distinguished Services to the State was enacted to make compensation for discharged service or retired from military service due to death or injury during the performance of duties, security, or the protection of people’s lives and property, or during education

(Article 1 and Article 2(1) of the Veterans’ Compensation Act. In light of the purport of the enactment of the Veterans’ Compensation Act, the amendment of Article 4(1) of the Act on Persons of Distinguished Services to the State, and the relevant provisions, in order for the deceased to constitute a person of distinguished services to the State under the Act on Persons of Distinguished Services to the State, it should be proved that the deceased’s performance of duties or education and training directly related to the national defense and security, the protection of the people’s lives

However, as the court below properly explained, the deceased worked from March 24, 2014 to April 4, 2014.

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