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(영문) 대법원 2017.07.11 2015두49153
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Unlike the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sep. 15, 2011), Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) defines “military personnel or police fire fighting officers, who discharged from military service or retired from military service after having been wounded in the course of performing their duties or education and training directly related to national security or the protection of people’s lives and property, whose disability has been determined as a disability rating

Unlike this, “a person who was injured 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 (hereinafter “state’s protection”) 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”).

As such, the purport of the former Act on Persons of Distinguished Service to the State is to divide persons of distinguished service to the State into persons of distinguished service by revising the Act on Persons of Distinguished Service to the State, and to correct the degree of recognition of persons of distinguished service to the State by excessively expanding the scope of recognition of persons of distinguished service to the State when the former Act on Persons of Distinguished Service to the State recognizes only proximate causal relationship between the performance of their duties, education and training, and the death or wound regardless of the content of education and training. In other words, persons who are obliged to receive honorable treatment from people among persons of distinguished

Meanwhile, Article 4 (2) of the Act on Persons of Distinguished Services to the State shall apply to specific criteria and scope.

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