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(영문) 서울고등법원 2018.11.29 2018누36310
대상구분정정비해당결정처분취소
Text

1. The plaintiff's appeal is 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

Details of the disposition

The court's explanation on this part is the same as the statement in the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In full view of the following: (a) 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 Persons, etc.”) Article 2(1)2 of the Act on Support for Persons, etc. of Distinguished Services to the State; (b) Article 3(1) [Attachment 1]2 of the Enforcement Decree of the Act on Honorable Treatment and Support for Persons, etc. of Distinguished Services to the State; (c) Article 2(1) [Attachment 1]2 of the Enforcement Decree of the Act on Support for Persons, etc. of Distinguished Services to the State; (d) legislative background; and (e) differences in the language and text of the Act on Support for Persons, etc. of Distinguished Services to the State; and (e) Article 2(1) [Attachment 1]2 of the Enforcement Decree of the Act on Support for Persons, etc. of Distinguished Services to the State; and (e) Article

Therefore, even though the performance of duties or education and training had been partly affected by death or wound, it is difficult to view that it constitutes the scope of recognition of the requirements of persons who have rendered distinguished services to the State pursuant to the Act and subordinate statutes of persons who have rendered distinguished services to the State, in cases where a person’s negligence or private circumstance is significantly competing with the cause of his/her death or wound, mainly due to his/her physical talent or lifestyle or lifestyle, or where an existing disease is partially aggravated due to the performance

(see, e.g., Supreme Court Decision 2014Du46034, Aug. 30, 2016). The Plaintiff entered the Army with knene in a healthy state.

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