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(영문) 광주고등법원 2014.12.30 2014누6271
국가유공자 및 보훈보상대상자 비해당결정처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On May 24, 1954, the Plaintiff joined the Navy as a private soldier, and served in the Control Department C from September 27, 1954 to October 29, 1955, and thereafter served in the Control Department C under the control of the Control Division. From October 29, 1955 to October 29, 1955, the Plaintiff was again employed as a noncommissioned Officer (Assistant Private Officer) on August 15, 1956 while serving in the Control Division C, and was discharged from military service on March 31, 1962.

B. On May 9, 2013, the Plaintiff filed an application for registration with the Defendant on September 5, 1959 (the first application for registration was stated as “the date of September 7, 1959”) on the following grounds: (a) the Plaintiff was going to go ahead of the naval facility construction completion of the C night repair work in order to prepare for visits and holding important meetings by the President D President first-lane D; and (b) while returning to C, the Plaintiff was trying to go ahead of the naval facility construction completion of the C night repair work; and (c) the Plaintiff was going to go ahead of the central line from the opposite direction of the second line to the front line of the street lights, and was going to go ahead of the vehicle running ahead of the central line.”

C. Accordingly, on September 10, 2013, the Defendant issued the Plaintiff a traffic accident due to the Plaintiff’s intentional or gross negligence, which was caused by the Plaintiff’s drunk driving without any inevitable reason, and this constitutes grounds for excluding persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation under Article 4(6)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and Article 2(3)1 of the Act on Support for Persons, etc. of Distinguished Services to the State.

A. [In the absence of dispute over the basis of recognition, Gap evidence Nos. 1, 2, 8, 9, 10, Eul evidence Nos. 1, 2, 5, 6, and 7, the purport of the whole pleadings and arguments.

2. Whether the disposition is lawful;

A. On September 5, 1959, the purport of the plaintiff's assertion 1 of the parties concerned that the plaintiff suffered from the difference in the instant case.

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