[1] The standards for determining whether a soldier, etc. residing outside of barracks was "an accident or accident" under Article 3-2 [Attachment 1] 2-10 of the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State, where he/she was unable to return to a destination and was disabled due to an accident or accident while returning to a destination

[2] The case holding that in case where a soldier residing outside barracks was involved in a traffic accident while returning home while driving on the last day of a regular leave to a military unit or an area where his/her home is located for the next day, it shall be deemed that he/she is on the continuous line and thus constitutes an accident on the part of his

[1] Article 4 (1) 6 of the former Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (amended by Act No. 6648 of Jan. 26, 2002) provides that a soldier or policeman discharged from active service or retired from office by suffering from wounds during education and training or in the performance of his duties, who is judged to have a certain degree of such wounds, shall be a soldier or policeman of the State who has rendered distinguished services to the State, and Article 3-2 [Attachment Table 1] of the Enforcement Decree of the same Act based on Article 4 (2) of the same Act (amended by Presidential Decree No. 17565 of Mar. 30, 202) provides that 1. 2-10 of the same Act provides that "a soldier or policeman of the State shall be deemed to have been discharged from active service or retired from office due to an accident or a disaster that occurred outside of the territory of the State due to his/her own continuous absence or his/her continuous absence."

[2] The case holding that in a case where a soldier residing outside barracks was involved in a traffic accident while returning home while driving on the last day of a regular leave to an area where his/her military unit and his/her home are located for the next day, it can be deemed that he/she is on the continuous line because the place of the accident is on the net route between the destination of leave and the affiliated military unit and his/her home.

[1] Article 4 (1) 6 of the former Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State (amended by Act No. 6648 of Jan. 26, 2002) and Article 3-2 [Attachment 1] 1. 2-10 of the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State (amended by Presidential Decree No. 17565 of Mar. 30, 2002) / [2] Article 4 (1) 6 of the former Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State (amended by Act No. 6648 of Jan. 26, 2002), Article 3-2 [Attachment 1] 2-10 of the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished

Plaintiff (Law Firm Taesung, Attorneys Lee Hong-woo et al., Counsel for the plaintiff-appellant)

The Head of Seoul Regional Veterans Administration

Seoul High Court Decision 2002Nu1757 delivered on September 10, 2002

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

Article 4(1)6 of the former Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (amended by Act No. 6648 of Jan. 26, 2002; hereinafter referred to as the "Act") provides that a soldier or a police officer who was wounded and disabled in the course of education and training or in the performance of duty and discharged from military service or retired from military service and whose degree of such wounds is determined to be a certain degree shall be one soldier or policeman of the State who has rendered distinguished service to the State. Article 4(2) of the Enforcement Decree of the Act (amended by Presidential Decree No. 17565 of Mar. 30, 202; hereinafter referred to as the "Enforcement Decree") 1. 2-10 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (amended by Act No. 6648 of Jan. 26, 2002) provides that "the Act shall be applied only to a soldier or a police officer residing in the territory of a disaster.

According to the records, while the plaintiff was a soldier serving as the father of the military police branch of the Army Army of Gwangju, who was employed by the military police branch of the Army, and was placed on a five-day regular leave from April 14, 1997 to 5 days, and was removed from the main body located in the Gyeong-dong Army of Gyeong-dong, Chungcheongnam-do, and went home with two family members, such as the wife, etc. on the 18th day of the same month, and returned home on the 308 area located in the 22:10th day of the same day, the plaintiff was on the 308 area where the unit and his home were located in Gwangju-si, and was under the influence of alcohol in the fluence of the non-party driver's vehicle of this case, and was under the influence of the central line, the plaintiff was discharged from his service at the 1st day and the 1st day of the accident of this case on March 3, 1998.

In the same purport, the decision of the court below that revoked the disposition of this case is just, and there is no error in the misapprehension of legal principles as to the interpretation of the provisions of 1.2-10 of the attached Table 1 of the Enforcement Decree.

The grounds of appeal disputing this issue are rejected.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Jae-sik (Presiding Justice)