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(영문) 대법원 2019.05.10 2017두53620
국가유공자등록거부처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Case summary and key issues

A. On February 21, 2013, the Plaintiff asserted that the deceased, who was an infant, died from the outbreak of a non-refinite species related to his/her duties while serving as a member of an agreed coal disease, and filed an application for registration with the Defendant on February 21, 2013.

B. On June 25, 2013, according to a resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered the instant disposition that the deceased does not constitute a soldier or policeman who died in the line of duty under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), but constitutes a soldier or policeman who died in a disaster under Article 2(1)1 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “

C. The key issue of this case is whether the deceased constitutes a person of distinguished service to the State under the Act on Persons of Distinguished Service.

2. Regarding the requirements for recognition of persons of distinguished service

A. Article 4(1)5 of the Act on Persons of Distinguished Service to the State stipulates that “A soldier or police fire-fighting official who died in the course of performing duties or education and training directly related to national defense, national security, or the protection of the lives and property of the people (including a person who died of a disease)” as one of the persons who rendered distinguished

Unlike this, “military personnel, police officers, and fire-fighting officers who died in the course of performing their duties or education and training not directly related to national security, national security, or the protection of people’s lives and property,” is defined as “the police officers killed in a disaster” as one of persons eligible for veteran’s compensation pursuant to Article 2(1)1 of the Veterans

As such, the purpose of classifying persons who have rendered distinguished services to the State and persons eligible for veteran's compensation lies in enhancing the identity of veterans by classifying persons who have rendered distinguished services to the State according to the degree of sacrifice and contribution to the State and by providing appropriate honorable treatment and support therefor.

On the other hand, Article 4 (2) of the Act on Persons of Distinguished Services to the State meets the requirements.

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