logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.08.30 2015두54469
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the “Act”) is a law enacted with the purpose of promoting the stabilization of their livelihood and the improvement of their welfare and contributing to the encouragement of patriotism by properly treating and supporting persons of distinguished services to the State, their bereaved families or families who have made sacrifice or contributions to the State;

Article 4 (1) 1 through 18 of the Act on Persons of Distinguished Services to the State is divided into 18 types. Among them, military police officers and soldiers killed or wounded in action (No. 3), soldiers and policemen killed or wounded in action (No. 4), soldiers and policemen killed or wounded in action (No. 5), and public officials are classified into public officials who died on duty (No. 14) and public officials who died on duty (No. 15).

Article 15 of the State Public Officials Act provides that "A public official on duty (excluding military personnel and police officers) under Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act and an employee prescribed by Presidential Decree who ordinarily engages in public service in the State or a local government is wounded in the performance of duties or education and training (including diseases) directly related to the protection of the lives and property of the people and retired from public service, who has been assigned to a disability rating

In addition, Article 4 (2) provides that the Presidential Decree shall be determined by comprehensively taking into account the detailed criteria and scope of whether a military police officer or a public official meets the requirements of persons who have rendered distinguished services to the State under subparagraphs 3 through 6, 14, and 15 of paragraph (1), "the scope of combation or the performance of duties corresponding thereto (Article 1)," "the degree of the performance of duties or education and training and the national security or the protection of the lives and property of the people (Article 2)" and "the background of death or injury (including illness) and the existence and degree of his/her negligence."

The honorable treatment and support for persons who have rendered distinguished services to the State.

arrow