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(영문) 서울고등법원 2017.11.08 2017누51558
국가유공자등록거부처분 등 취소
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. As to this case, this court's explanation is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the reasoning of the judgment of the court of first instance as follows. Thus, this court's explanation is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Part II (A) No. 16 (1) shall be added to “A. The Plaintiff’s assertion”.

Part 2. The following shall be added to the second page 19:

"(b)" in Part 19 of "(2)" shall be written by ".........."

The second part of the 19th part of the 19th part to the third part of the 6th part of the "persons who have rendered distinguished services to the State" shall be as follows:

“1) The former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State before the amendment by Act No. 13605, Dec. 22, 2015 (hereinafter “former Act on Persons of Distinguished Services to the State”).

Article 4(1)6 of the former Act on Persons of Distinguished Services to the State before amended by Act No. 11041, Sept. 15, 2011 (hereinafter “former Act on Persons of Distinguished Services to the State”).

Unlike the above, “national defense and security or the protection of people’s lives and property” (hereinafter referred to as “national defense, etc.”)

(ii)an injury (including a disease) in performance of duties or during education and training directly related thereto;

The requirements for recognizing a person who suffered loss as a soldier or policeman wounded on duty or a soldier or policeman wounded in the course of performing duties or education and training not directly related to the national defense, etc., are prescribed as one of the requirements for recognizing the person eligible for veteran’s compensation (amended by Act No. 13608, Dec. 22, 2015; hereinafter “former Act on Veterans’ Compensation for Veterans”).

Persons eligible for veteran's compensation pursuant to Article 2 (1) 2.

The purpose of the former Act on Persons of Distinguished Services to the State is to divide persons who have rendered distinguished services to the State into persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation.

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