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(영문) 서울고등법원 2020.04.24 2018누56079
국가유공자 및 보훈보상 대상자 요건 비해당 결정 취소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for partial revision as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the first instance court, "I am not guilty" is added following the second 15th of the judgment. "I am not guilty" is "I am not directly related to combat or performing duties related thereto, or national defense, etc."

From 3th to 19th to 3th to 13th to 3th to 19th to 10th to 19th to 20

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, etc.”) provides that “A soldier, police officer, or fire-fighting official discharged from military service, or retired from military service by suffering from wounds in the performance of duties or education and training directly related to national defense or security, or to the protection of people’s lives and property (including diseases), whose disability has been determined in the physical examination conducted by the Minister of Patriots and Veterans Affairs, shall be determined as a soldier or policeman who has rendered distinguished services to the State and whose disability has been directly related to national defense, security, or

Meanwhile, Article 4(2) of the Act on the Persons, etc. of Distinguished Services to the State stipulates the specific criteria and scope of persons, etc. who meet the requirements for soldier or policeman on duty, and Article 3(1)4 [Attachment Table 1] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State following such delegation (hereinafter “Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”) is a soldier (including civilian employees in the military service) in relation to the treatment of dangerous substances, such as chemical substances, ammunition, explosives and oil, preparation or arrangement

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