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(영문) 수원지방법원 2021.02.10 2019구합75250

임용취소처분 취소청구의 소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On April 10, 2009, the Plaintiff was appointed as a policeman at the Namyang Police Station of the Gyeonggi National Police Agency, and now is working as a slope from the traffic direction division B of the Seoul National Police Agency.

On November 7, 1971, C, his father, was enlisted in active duty service on December 5, 1974, and was discharged from military service on December 5, 1974. On October 29, 1972, C, whose order was issued on October 29, 1972, did not have any fact of having been actually served in Vietnam.

Nevertheless, around December 15, 2006, C served as a soldier in the Vietnam War and served for the head of the Seoul Regional Veterans Administration, and suffered from urine disease, etc. due to aftermath, and applied for registration of a person of distinguished service to the State and a patient after defoliants pursuant to Article 6(2) and (3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 7873 of Mar. 3, 2006 and enforced January 1, 2007; hereinafter “former Act”) and Article 4(2) of the former Act on the Establishment of Patients and Organizations after defoliant (amended by Act No. 828 of Jan. 3, 2007).

C At the time of registration, the application for registration, which was prepared and submitted by C, was written as “serious guard and vagabonds service,” and the military career technology was written as “the military service record certificate was not confirmed from October 29, 1972 to October 29, 1972.”

The head of the Seoul Regional Veterans Administration recognized C as a Vietnam War veteran and registered C on December 20, 2006 as a national meritorious person and a patient suffering from defoliants. < Amended by Presidential Decree No. 19504, Dec. 20, 2006>

On October 8, 2008, the Plaintiff received 5% (5 points) of the full scores under Article 31(1)2(a) of the former Act on Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 9462, Feb. 6, 2009) from the written public bonds for police officers (hereinafter “the written public bonds of this case”) as additional points on the registration of police officers of this case, and subsequently passed the final 78 points (an average of 75 points).

C on 2017.