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(영문) 대법원 2016.08.17 2015두48570
국가유공자요건비해당결정취소
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

1. Determination on the grounds of appeal on the part concerning the claim for revocation of a disposition that rendered distinguished service to the State

A. Unlike the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sept. 15, 201), Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) provides that “A soldier or police fire-fighting official, who discharged from military service or retired from military service after having been wounded in the performance of duties or education and training directly related to national security or the protection of people’s lives and property (including illness)” as a soldier or police officer who has been assigned a disability rating in the physical examination conducted by the Minister of Patriots and Veterans Affairs shall be deemed as a soldier or police officer who has rendered distinguished service

Unlike this, “a person wounded in the course of performing duties or education and training not directly related to national security or the protection of people’s lives and property” constitutes a person eligible for veteran’s compensation pursuant to Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “ Patriots and Veterans Compensation Act”).

Meanwhile, Article 4(2) of the Act on Persons of Distinguished Services to the State and Article 2(2) of the Act on the Compensation for Veterans’ Compensation shall be delegated to Presidential Decree with the detailed criteria and scope of persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation. Article 3 [Attachment 1] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Attached Table 1”) and Article 2 [Attachment 1] of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “Attachment 1 of the Enforcement Decree

Specifically, Act on Persons of Distinguished Services to the State.

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