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(영문) 광주고등법원(전주) 2016.10.24 2016누1511
국가유공자요건비해당결정취소
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 November 1, 1988, the Plaintiff entered the Air Force and served as the 17th M&C B, and was ordered the filial leave from October 4, 1990 to the 10th of the same month.

Accordingly, on October 4, 1990, the Plaintiff had conflict with the taxi at the crosswalk in the Gun, Sinsan Sea-Si, Seocheon-gun, Chungcheongnam-gu, Chungcheongnam-do. Accordingly, the Plaintiff suffered from the collision with the taxi at the crosswalk in the Gun, Sinsan Sea-si, Seocheon-gun, Seocheon-gun, and thereby, he suffered from the king, the post facto slurbrity, and the external side personnel (hereinafter “instant injury

B. On July 19, 199 after the date of discharge from active service on September 30, 1991, the Plaintiff filed an application for registration of a person who rendered distinguished service to the State (hereinafter “previous application for registration”). On October 12, 1999, the Board of Patriots and Veterans Entitlement deliberated and decided on October 12, 199 that “the Plaintiff shall be a person who meets the requirements under the former part of Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State,” but was unable to obtain a disability

C. On April 2, 2015, the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State (hereinafter “instant application for registration”), but the Defendant, on July 20, 2015, determined that the Plaintiff was wounded due to a traffic accident that occurred in the course of reaching a destination by obtaining leave from a person under compulsory military service and by obtaining leave, taking into account the following: (a) the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State was amended and Support for Persons of Distinguished Services to the State, but the Act on the Honorable Treatment and Support for Persons of Distinguished Services to the State was enacted; and (b) the Act on the Support for Persons Eligible for Veteran’s Compensation and Support for Persons of Distinguished Services to the State was enacted; and (c) the injury is not directly related to the national defense and security, or the protection of the lives and property of the people, but does not correspond

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