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(영문) 부산고등법원(창원) 2014.11.13 2014누10588
국가유공자요건비해당결정취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) some of the grounds of the judgment of the court of first instance are dismissed as provided in paragraph (2) below; (b) the addition of "additional Judgment of the court of second instance" as stated in paragraph (3) below; and (c) the addition of "the relevant Acts and subordinate statutes added by the court of second instance" as stated in the reasoning of the judgment of the court of first instance, and therefore, (c) the addition of "the relevant Acts and subordinate statutes added by the court of second instance"

2. Parts to be dried;

A. On the 5th written judgment of the first instance court, the witness of the 10th written judgment is deemed to be a witness of the first instance court.

B. Each “this Court” of the 5th judgment of the first instance court is referred to as the “court of the first instance.”

3. Additional determination of the second instance court (amended by Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State since July 1, 2012; hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State”) provides that “A soldier or police fire-fighting worker who was discharged from active service or retired from active service by suffering from wounds in the course of performing his/her duty or education and training or education and training directly related to national security or the protection of people’s lives and property” as “a soldier or police fire-fighting worker who was discharged from active service or retired from active duty” under Article 4(1)6 of the former Act on the Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sept. 15, 2011) shall be construed as “a soldier or police officer discharged from military service or retired from military service by suffering from wounds in the course of performing his/her duty or education and training.”

(Article 4(1)6 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.”) under Article 3(1)4 [Attachment 1] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

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