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(영문) 부산고등법원 2017.09.29 2017누22053
공상공무원 결정처분 취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff was appointed as a civilian military employee of the Navy on July 16, 199, and was dismissed from office at Grade 8 of the Military Affairs Administration on December 31, 2005.

B. On April 28, 2014, the Plaintiff suffered from wounds, such as high spawn, etc. while serving in the military, and applied for registration to the Defendant for distinguished service to the State.

C. On August 14, 2014, the Defendant decided that the Plaintiff did not meet the requirements for persons who rendered distinguished service to the State, but met the requirements for persons eligible for veteran’s compensation on the ground that it cannot be deemed that the Plaintiff was wounded in the performance of duties or education and training directly related to the protection of the national defense and security, or the protection of the people’s lives and property.

The plaintiff filed a lawsuit seeking revocation of the above decision with the Ulsan District Court, which is dissatisfied with the above decision of non-specific persons of distinguished service to the State. The Ulsan District Court accepted the plaintiff's claim and rendered a decision revoking the above decision (Ulsan District Court Decision 2014Guhap5280). The defendant's appeal and appeal against the above decision were all dismissed (Ulsan High Court Decision 2015Nu24345 and Supreme Court Decision 2016Du4132). The above decision became final and conclusive.

E. On September 21, 2016, the Defendant notified the Plaintiff of the decision that the injury was a public official in the line of duty. On December 29, 2016, the Defendant issued a new physical examination for the Plaintiff and the Board of Patriots and Veterans Entitlement deliberated and decided the Plaintiff as a public official on official (Grade VII) on December 29, 2016 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The legality of the instant disposition

A. Although the Plaintiff’s assertion is a soldier or policeman wounded on duty under Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), the Defendant is not a soldier or policeman wounded on duty, but a civilian military employee under Article 4(1)15 of the Act on Persons, etc. of Distinguished

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