The plaintiff applied for an open competitive recruitment examination for national public officials of Grade VII in 197, and 10% of the full scores as the bereaved family members of Grade B, who are the persons of distinguished services to the national independence, passed the above examination.

Since then, the plaintiff was appointed as an administrative assistant of the Ministry of Finance and Economy, and was promoted to an administrative officer on January 10, 2008, and currently served in the Ministry of Gender Equality and Family.

On February 4, 2016, the Defendant revoked the disposition of passing an open competitive recruitment examination for national public officials of Grade VII in 1997 on the ground that the right to receive compensation under Article 42 of the Act on Persons of Distinguished Service to Independence (hereinafter “Act on Persons of Distinguished Service to the State”) and Article 9(3) of the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State (hereinafter “Act on Persons of Distinguished Service to the State”) retroactively

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on February 20, 2016, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on November 8, 2016.

[Ground of recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 2, 36, 37, and Eul’s evidence Nos. 3, and the purport of the whole pleading as to the legitimacy of the disposition of this case is indicated as the grounds for disposition of this case, “the fact that the registration of the persons of distinguished services to the national independence was obtained by false or other unlawful means” as stipulated in Article 42 of the Act on the Persons of Distinguished Services to the national independence and Article 9(3)1 of the Act on the Persons of Distinguished Services to the national independence. However, the Ministry of Patriots and Veterans Affairs did not investigate and confirm relevant facts and did not determine whether the registration of the persons of distinguished services to the national independence was

Even if the grounds for the instant disposition exist, the instant disposition is based on the principle of excessive prohibition.