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(영문) 서울행정법원 2015.01.28 2014구단14887
국가유공자등록거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 21, 200, the Plaintiff entered the Army and was discharged from active service on January 20, 2003. On January 10, 2014, the Plaintiff filed an application for registration of a person of distinguished service to the State on the ground that he/she was discharged from military service while performing snow removal work. However, on April 14, 2014, the Defendant rendered a decision that the Plaintiff refused the registration of a person of distinguished service to the State on the ground that the Plaintiff was not injured while performing his/her duties or education and training directly related to the national defense and security, or the protection of the lives and property of the people (hereinafter “instant disposition”), and that “the injury of the person of distinguished service to the State (hereinafter “the injury of this case”).

[Ground of recognition] Unsatisfy, B 1 to 4, 6

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had gone through the process of snow removal in compliance with his superior's order. The accident area was a road used in the operation of a mobile passage or an operational vehicle for the winter training, etc., which is essential to prevent accidents.

Therefore, since the aforementioned snow removal work constitutes a job directly related to the protection and security of the State or the protection of the lives and property of the people, the instant disposition taken on a different premise is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides that “persons discharged from military service or retired from military service by suffering from wounds in the performance of duties or education and training directly related to national defense or security, or the protection of people’s lives and property (including diseases),” and Article 3(1)4 of the Enforcement Decree of the same Act provides that “military personnel (including civilian employees in military service) shall be subject to guard, search, return, inspection, intelligence activities, etc.

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