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(영문) 대전지방법원 2016.04.07 2014구단100841

전몰군경요건비해당처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

(a) B’s service in the army on January 5, 1953, after being transferred to 36 hospitals on July 16, 1953 on the same day after having been wounded in combat action in the Kim Gyeong-gun on July 16, 1953 while serving for the Army on January 5, 1953;

7. The same year via Daegu Army, Daegu, and Gun Hospitals;

8. On January 21, 1954, a person who was transferred to the 15 Army Military Hospital was acting on January 21, 1954.

(2) On the general register of records, B is indicated as having suffered an injury from “the left-off register” in the Kim Jong-gun on July 16, 1953.

(3) B died on March 4, 1995 in the heart color.

(hereinafter referred to as “the deceased”). B

(1) The Minister of National Defense, on February 11, 2010, awarded the Order of Diplomatic Merit to the Deceased on October 15, 1954, retroactively to the Deceased.

(2) In the examination of the Army Headquarters, which was sent to the Plaintiff, who was the deceased’s children, along with the above orders, the notice stating that “if a person was not registered until now as a person of distinguished service to the State, he/she shall meet the following application documents and shall be registered with the competent veterans branch as a person of distinguished service to the State and receive veterans benefits.”

C. The Plaintiff’s application and judgment (1) on March 10, 2010 for the registration of a person who rendered distinguished services to the deceased (hereinafter “Defendant”) asserted that the deceased would suffer injuries, both of the left hand handbucks, knives and knives, and knives of the floor knives of a person who rendered distinguished services to the State around July 16, 1953 to the Administrator of the Red Veterans Site (this court decided to dismiss the Defendant as the Defendant on January 19, 2016; hereinafter “Defendant”). On July 16, 1953, the deceased alleged that he/she sustained injuries.

(2) On August 18, 2010, the Defendant decided on August 18, 2010 that “the injury to the left-off” constitutes the requirements for persons of distinguished service to the State due to the wound during battle, but the “macking disability, left-hand hand-out trade, handout and handout of the floor” did not constitute the requirements for persons of distinguished service to the State because it cannot be recognized as different from the wound during battle.”

(3) The defendant has rendered distinguished services to the State.