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(영문) 대법원 2016.09.30 2015두49030
국가유공자 및 보훈보상대상자 요건비해당결정처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1.(a)

The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 2011; hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”) is an Act enacted with the aim of ensuring the stability of their lives and the improvement of their welfare and contributing to the promotion of citizens’ patriotism by properly treating and supporting persons of distinguished services to the State who have made sacrifice or contributions to the State. It is distinguishable from the Act on the Support for Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment of Persons

The purpose of this is that a person who is obliged to receive respect and honorable treatment from the people among the persons eligible for veterans' compensation is a person who has rendered distinguished services to the State, and a person who requires compensation is classified as a person eligible for veteran's compensation, and

B. Article 4(1) of the Act on Persons of Distinguished Services to the State stipulates the requirements of persons of distinguished services to the State to which the Act on Persons of Distinguished Services to the State applies to national and social development (No. 18), and classify them into soldiers and police officers killed or wounded in action (No. 3), soldiers and police officers killed or wounded in action (No. 4), and soldiers and police officers (No. 5), and soldiers and police officers (No. 6). The soldiers and police officers killed or wounded in action or retired from military service after having been killed or wounded in the performance of duties or education and training directly related to the national security or the protection of the lives and property of the people (including diseases) during the performance of duties or education and training conducted

Article 4(6) of the Act on Persons of Distinguished Services to the State provides for the protection of national defense and security or the protection of people’s lives and property (hereinafter “national defense”). Meanwhile, Article 4(6) of the Act on Persons of Distinguished Services to the State provides for the protection of military police officers.

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