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(영문) 서울행정법원 2020.08.13 2019구합83403

합격취소처분 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 7, 1971, B, his father, was enlisted in active duty service, and discharged on December 7, 1974.

B, while undergoing training to go to Vietnam during military service, was exposed to defoliants and was discharged from defoliants, thereby suffering from illness such as a combined witness urology.

B around December 15, 2006, the Seoul Regional Veterans Administration applied for registration of persons of distinguished service to the State, who were discharged from defoliants after serving as a soldier in the Vietnam War in accordance with the Act on the Support for Patients from Actual or Potential Diseases, etc. and the Establishment of Related Associations.

Accordingly, on December 20, 2006, the Seoul Regional Veterans Administration registered B as a person of distinguished service to the State.

B on October 12, 2017, applying for a re-examination of the person who has rendered distinguished service to the State on the ground of catherosis on the ground that it was cut off, and the head of the Seoul Regional Veterans Administration became aware that the date he/she returned from Vietnam does not have to be confirmed while reviewing the above application.

In fact, B did not have served in Vietnam War.

Accordingly, on July 26, 2018, the head of the Seoul Regional Veterans Administration revoked the registration of a person who has rendered distinguished services to the State on the ground that not only the Vietnam War but also the registration was not recognized in the area adjacent to the Southern Limit Line in which defoliants was used, and the head of the Seoul Northern Family Branch notified the Defendant of the revocation on September 11, 2018.

On December 7, 2007, the plaintiff received 5% of the full scores from the first examination to the registration of persons who rendered distinguished services to the State in the above B in accordance with the first examination among the "competitive examination for selecting candidates for appointment of public kindergarten teachers". On March 1, 2009, the plaintiff was appointed from a kindergarten C as a teacher on March 1, 2009, and was working at D kindergarten.

Upon receipt of a notice from the head of the Seoul Northern District Office revoking the registration of a person who rendered distinguished services to the State in B, the defendant was revoked on August 1, 2019 by his father, and thus the plaintiff is the original person eligible for employment assistance.