참전유공자법 적용 비해당 결정 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was a child of the deceased B (hereinafter referred to as “the deceased”), and on November 1, 1950, from around October 31, 1950 to October 31, 1951, the deceased participated in the Korean War as a transport personnel, such as military supplies, etc. of the military and climinary military operations unit as soon as possible, and on August 17, 2017, the Plaintiff applied for registration of war veterans to the Defendant.
B. On August 18, 2017, 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 “ War Veterans Act”), the Defendant sent to the Jeonnam-do Police Agency a reply to the Defendant on February 22, 2018, that “The deceased did not have a record of working as a police officer or police officer of the Jeonnam-do Police Agency and the Mineyang Police Agency, and there is no proof of confirmation of the fact of the deceased’s participation in the War because it was insufficient to verify the fact of the deceased’s participation in the War as the person who was neither a commander nor a person who participated in the War.”
C. On February 26, 2018, the Defendant rejected the Plaintiff’s application for registration of war veterans to the deceased on the basis of the result of the aforementioned reply made by the Jeonnam Provincial Police Agency for registration of war veterans.
(hereinafter “instant disposition”) D.
On April 20, 2018, the Plaintiff appealed to the Central Administrative Appeals Commission on the instant disposition, but the said commission dismissed the Plaintiff’s request on October 26, 2018.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 2, 3, 4, and 11, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s guidelines to confirm the fact of participation in the war (hereinafter “instant guidelines”) are merely a simple administrative standard that is not binding, and the instant guidelines without any legal basis, even though the instant guidelines are not limited to the commander or the person participating in the war, which is the direction of the Ministry of National Defense.