A. On March 16, 2017, the Plaintiff asserted that “the head of the Chungcheongnam-dong Veterans Branch (hereinafter “the head of the Defendant Veterans Branch”) participated in the war as a reinforcement juvenile volunteer group from January 1, 1951 to June 1951 during the Korean War,” and applied for registration of war veterans.

B. Pursuant to Article 5(2) of the Enforcement Decree of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “Korean War Veterans Act”), the head of the defendant veterans branch requested the Minister of National Defense to verify the participation of the plaintiff.

C. On July 3, 2017, the Minister of National Defense: (a) notified the Plaintiff and the head of the veterans branch of the Defendant to the effect that “the Plaintiff’s statement is inconsistent with the Plaintiff’s statement, and the details of the Plaintiff’s statement and the guarantee are inconsistent with, and thus, it is restricted to verify the Plaintiff’s facts regarding the Plaintiff’s veterans’ statement” (hereinafter “instant notification”); and (b) on July 14, 2017, the head of the Defendant veterans branch issued a non-applicable disposition under the War Veterans Act (hereinafter “instant disposition”) against the Plaintiff on July 14, 2017 after receiving the instant notification.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including each number), Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Plaintiff asserted by the Minister of National Defense is only the authority to file an application for registration of war veterans with the head of the Ministry of Patriots and Veterans Affairs or the head of the defendant veterans branch delegated with the authority.

The notification of this case is merely a procedure for determining the registration of war veterans by the head of the defendant veterans branch office, and cannot be deemed to have a direct impact on the plaintiff's rights and duties. Thus, the notification of this case does not constitute "disposition" subject to appeal litigation.

In addition, since the authority to decide whether to register the war veterans has not been entrusted to the Minister of National Defense, the defendant is not eligible for the defendant.

Accordingly, Defendant.