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(영문) 대법원 2016.12.29 2015두58843
국가유공자비해당 및 보훈보상대상자 비해당결정처분 취소
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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 2 and 3

A. Unlike the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 201; hereinafter “former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State”) provides that “A person who was injured (including illness) in the course of performing duties or education and training directly related to the protection and security of the State or the protection of people’s lives and property (hereinafter

Unlike this, a wounded person is eligible for veteran’s compensation pursuant to Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation, which is not directly related to the national defense, etc. (hereinafter “the Veterans’ Compensation Act”).

The purport of the former Act on Persons who have rendered distinguished service to the State is to divide persons who have rendered distinguished service to the State into persons who have rendered distinguished service to the State by revising the Act on Persons who have rendered distinguished service to the State is to correct the degree of recognition of persons who have rendered distinguished service to the State by excessively expanding the scope of recognition of persons who have rendered distinguished service to the State when the former Act on Persons who have rendered distinguished service to the State recognizes only proximate causal relation between their performance of duties, education and training, and death or injury regardless of the content of education and training. It seems that the former Act on Persons who have rendered distinguished service to the

Article 3 [Attachment 1] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc.”) (hereinafter “Attachment 1”).

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