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(영문) 서울고등법원 2019.06.27 2018누66977 (1)

국가유공자요건비해당결정취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The grounds for the court’s explanation as to the details of the disposition, the assertion about the main defense, and this part of the judgment are as stated in the reasoning of the judgment of the court of first instance and in the judgment on the main defense before the main defense (from No. 2, No. 4 to No. 4).

Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

2. Judgment on the merits

A. The court's explanation of this part of the plaintiff's assertion is based on the reasoning of the judgment of the court of first instance.

A. The Plaintiff’s assertion (from the fourth to the same end of the same page) is the same as indicated in the Plaintiff’s assertion. Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are cited as it is. B. The same as indicated in the relevant Acts and subordinate statutes. C. 1) Article 2 Subparag. 2(d) of the War Veterans Act provides that “A person who bears the burden of proving whether a person is a war veteran” (including a juvenile who has participated in the Korean War without a duty of military service) or a person recognized by the Minister of National Defense as having served in the Vietnam War constitutes a war veteran. To be recognized as a war veteran pursuant to the War Veterans Act, an application for registration shall be filed with the Minister of Patriots and Veterans (Article 5(1) of the War Veterans Act) and an application for registration of war veterans, as prescribed by Ordinance of the Prime Minister (Article 5(1) of the Enforcement Decree of the War Veterans Act) shall be substituted by an application for confirmation of the fact that a person fails to prove the fact is well known, two or more persons affiliated with a superior.

(ii) shall submit the instructions to deal with the affairs (Article 5ter paragraph 1.).