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(영문) 서울고등법원 2014.11.06 2014누52956
기타(국가유공자등록거부처분취소)
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. The reasons why the court should explain in this decision are as follows: (a) part of the reasoning of the judgment of the court of first instance shall be cited as “paragraph (2)”; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff to “paragraph (3)” under the following subparagraphs; and (c) thus, it shall be cited in accordance with Article 8(2)

2. Parts to be dried;

A. On October 2, 2012, the second part of the judgment of the court of first instance stated that “The defendant applied for registration of a person who has rendered distinguished services to the State” was “The defendant applied for registration of a person who has rendered distinguished services to the State on or around October 2, 2012.”

B. Part 5 of the second and fifth judgment of the court of the first instance (hereinafter “Defendant, December 27, 2012”), “The Defendant, January 11, 2013,” was written.

C. Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the instant disposition”) of the first instance judgment No. 7-8, the second instance court rendered a decision that “The instant disposition” does not constitute a person eligible for veteran’s compensation, but constitutes a person eligible for veteran’s compensation (hereinafter “the instant disposition”) under Article 2(1)2 of the Act on the Support for Persons, etc. of Distinguished Services to the State.”

3. Additional determination

A. The gist of the Plaintiff’s assertion falls under “military supplies” that belong to the military secrets under the Act on the Management of Military Supplies, and the “the calculation sheet and the military force settlement statement, etc., which were prepared and managed by the Plaintiff at the time of military service and transported to a superior unit located in Seoul, etc. through long-distance business trips. The Plaintiff’s fault in charge of transporting and managing the said munitions occurred.

Therefore, the Plaintiff’s performance of duties directly related to national defense security, etc. constitutes a cause for which the injury occurred and thus constitutes a person who rendered distinguished services to the State.

(c).

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