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(영문) 서울고등법원 2017.04.14 2016누34105
국가유공자요건비해당결정취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s failure to meet the requirements for persons who rendered distinguished services to the State on September 26, 2014.

Reasons

1. The reasons why this Court shall state in this decision the second two-half of the judgment of the court of first instance (B) shall read “Plaintiffs (B)” as “Plaintiffs”, “197” of the first instance shall be read as “197” and “1997” of the same act shall be read as “199,” and “the noise distress and the second two-thirds of the judgment of the court of first instance (hereinafter “the instant difference”) shall be added to “the noise distress and the second two-thirds of the judgment of the court of first instance.”

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. As to the part of the deceased, there should be a proximate causal relationship between the performance of duties or the education and training (including diseases) in order to be deemed a soldier or policeman on duty under 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 of Persons, etc. of Distinguished Services to the State”), and the performance of duties or education and training should be directly related to the national security or

In addition, in order to constitute a soldier or police officer under Article 2 (1) 2 of the Act on Support for Persons Eligible for Veteran's Compensation (hereinafter "the Veterans' Compensation Act"), a soldier must be wounded in the course of performing his/her duty not directly related to national security or the protection of people's lives and property, such as injury or disease during education and training.

In order to be recognized as a soldier or policeman on duty or a soldier or policeman on duty under the Act on the Persons of Distinguished Services to the State or the Veterans Compensation Act, proximate causal relation between the performance of duty or education and training

However, if there is a proximate causal relationship between the performance of duties and the injury or disease in consideration of all the circumstances, the proof is not necessarily required to be proved clearly in medical or natural science, and it is normal to understand.

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