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(영문) 부산고등법원(창원) 2017.09.13 2016누10711
국가유공자요건비해당결정취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance except for the following “the second order of February”. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(A) The part of the first instance court's decision No. 3, No. 11, and No. 4, and the part of the first instance court's decision No. 1 to No. 5 is reasonable, considering the additional arguments and evidence, as follows.

The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Act").

Article 4(1)6 of the Act provides that “A soldier or police fire-fighting official who was discharged from military service or retired from military service after having been wounded in the course of performing his/her duties or education and training directly related to national security or the protection of the lives and property of the people (including diseases)” shall be determined as a person of distinguished service to the State whose disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs as a soldier or policeman on duty. Article 6 of the Act provides that a person who has rendered distinguished service to the State, his/her bereaved family

Determination as to whether a person is a person of distinguished service to the State (Article 3) and when the Minister of Patriots and Veterans Affairs determines that a person is a person of distinguished service to the State, it shall be subject to deliberation and resolution by the Board of Patriots and Veterans in principle (Article 74-18(1) of the Act on Persons of Distinguished Service to the State). In addition, Article 74-18(1) of the Act on Persons of Distinguished Service to the State who is dissatisfied with matters concerning

(2) is entitled to file an objection (paragraph (1), the foregoing objection shall be filed.

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