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(영문) 서울고등법원 2015.11.26 2014누56170
국가유공자비해당결정처분취소
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim is dismissed.

B. The Defendant on November 2013

Reasons

1. Details of the disposition;

A. On June 1, 2010, the Plaintiff entered the Army and was discharged from military service on July 9, 201, on the part of the 2010 Army Head Office of the Information and Communications Technology Unit of the 6th Ethical Ethical Team as a military officer and a military employee, and was discharged from military service on August 31, 201.

B. On September 5, 2011, the Plaintiff: (a) diversed trees during the training (Gu newsletter) around August 2010; and (b) diversed on October 8, 2010 at the Armed Forces Armed Forces Hospital; (c) diversed the pains; and (d) applied for registration of a person of distinguished services to the State pursuant to Article 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”) on the ground that “the Plaintiff’s diverse, forest, and pain, and multiple diversary diversary dives (CRPS) were the filing of an application for the registration under Article 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State before the amendment.

◆ 「국가유공자 등 예우 및 지원에 관한 법률」(2011. 9. 15. 법률 제11041호로 개정되어 2012. 7. 1. 시행되기 전의 것) 제4조(적용 대상 국가유공자) ① 다음 각 호의 어느 하나에 해당하는 국가유공자와 그 유족 등(다른 법률에서 이 법에 규정된 예우 등을 받도록 규정된 자를 포함한다)은 이 법에 따른 예우를 받는다.

6. Soldiers or police officers wounded on duty: Soldiers, police officers or fire officers wounded in the course of performing their duties, discharged from military service or retired from military service, who are judged to have suffered physical disability falling within that degree of injury under Article 6-4, in a physical examination conducted by the Minister of Patriots and Veterans Affairs, by the degree of their disability, shall file an application for registration with the Minister of Patriots and Veterans Affairs, as prescribed by Presidential Decree;

◆ 부칙 <제11041호, 2011.9.15> 제1조(시행일) 이 법은 2012년 7월 1일부터 시행한다.

Article 12 (Libal omitted).

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