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(영문) 인천지방법원 2020.09.24 2020구합50755

참전유공자등록거부처분취소

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The defendant's disposition to deny the registration of war veterans against the plaintiff on February 8, 2019 shall be revoked.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From September 1952 to July 1953, 1953, the Plaintiff asserted that he/she had worked as an employee in the laundry and restaurant of the 323 Military Service Corps, etc., and on January 16, 2018, the Plaintiff filed an application for registration of war veterans (hereinafter “instant application”).

B. On January 31, 2019, the Defendant filed an application with the Minister of National Defense for the confirmation of the Plaintiff’s participation in the war, and the Minister of National Defense notified the Defendant that the Plaintiff constituted “cases without any participation” for the following reasons.

It is difficult to see that the statements of persons eligible to work in a restaurant, etc. attached to the Military Forces, etc. from September to July 52 to July 53, 52, constitute persons eligible to serve in the military as prescribed by the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter " War Veterans Act").

C. On January 31, 2019, the Defendant rendered a decision that the instant application constitutes non-registration of war veterans (hereinafter “instant disposition”) on the grounds that “The Plaintiff does not constitute a person who participated in combat during the period of 625 war and does not fall under Article 3 of the War Veterans Act, according to the notice of confirmation of the fact of participation in war notified by the Ministry of National Defense.”

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 13, 2019, but the said administrative appeals commission dismissed the Plaintiff’s claim on November 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion constitutes a war veterans who participated in a war as a person who participated in the Korean War at the time of the 625 War, and thus, the instant disposition on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (1) The fact of recognition is a person registered as a person of distinguished service to the State, who was submitted by the Plaintiff at the time of filing of the instant administrative appeal.

(A) The letter of personal guarantee of No. 3: March 1953 to 1954.