국가유공자 등록거부처분 취소의 소
1. On December 26, 2016, the Defendant’s disposition to deny the registration of bereaved family members of a person who rendered distinguished services to the State against the Plaintiff is revoked.
2...
1. Details of the disposition;
A. The Plaintiff’s father’s father B (hereinafter “the deceased”) participated in the Korean War as 6/25, around February 1951, 1951.
B. On September 2009, the Deceased was registered as “Korean War War Veterans, etc.” under Article 4(1)9-2 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 10471, Mar. 29, 201) on the ground that he/she participated in the Korean War as above.
C. On June 24, 2016, the Plaintiff filed an application for registration of bereaved family members with merit with the Defendant on June 24, 2016, stating that “the deceased was killed in the Korean War as soon as possible during the 11st century’s labor force around February 1951, 201,” but the Defendant confirmed the fact that “the deceased participated in the Korean War as the 11st century’s labor force around February 1951, but it is difficult to recognize that the deceased was dead in the course of combat or in the performance of duties corresponding thereto” with the purport that “the instant disposition was rendered by the Plaintiff on December 26, 2016, in accordance with the resolution of the Board of Patriots and Veterans Entitlement to the effect that “the deceased was dead in the course of combat or
【Notice. 【The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 to 4, and the purport of the whole pleadings.】
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a soldier or policeman killed in action, who was killed in action against the State, who participated in the 11st unit of death around February 1951 in the 11st unit of death, and participated in the sacrificic operations in the Masan-gun C, Sungsung-gun, Seoul, and thus constitutes “the soldier or policeman killed in action” as provided in Articles 74(1) and 4(1)3
Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.
(b) Entry in the attached Form of relevant statutes;
C. In order for the deceased to be recognized as a person of distinguished service because they fall under Article 74(1)3 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and Article 94-4 of the Enforcement Decree of the same Act, the Act on the Mobilization of