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(영문) 창원지방법원 2018.04.18 2017구단856

국가유공자등록신청기각처분취소

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. The plaintiff is the deceased B's children (the deceased on November 13, 1969, hereinafter "the deceased"). On September 9, 1950, the deceased entered the Army, and entered the Army and received treatment in total in the right-hand section at the time of the Korean War and in the buckbucks, from October 20, 1950 to February 28, 1951, and was discharged from military service on February 28, 1951.

B. On February 11, 2009, C, the deceased’s spouse, applied for registration of a person who rendered distinguished services to the deceased, but at the time, in the physical examination of the classification of disability ratings ( August 24, 2009) on the right management department, C, the deceased’s spouse, determined that the deceased’s injury did not meet the grading standard because there was no data to determine the degree of injury.

Accordingly, on August 28, 2009, the Defendant rendered the above C a physical examination result and the decision of non-eligible persons of distinguished service to the State Act (hereinafter “existing disposition”).

C. On July 26, 2017, the Plaintiff again filed an application for registration with the Defendant on the ground that “the deceased was injured to the right arms during battle,” but the Defendant, on November 27, 2017, rendered a decision to dismiss the application for registration of a person of distinguished service to the State (hereinafter “instant disposition”) on the ground that “The Plaintiff, on the ground that he/she conducted a written physical examination by the friendly department with respect to the deceased, in order to be subject to a written physical examination, there should be additional differences recognized, and there is no additional difference.”

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion revealed that the deceased was killed or wounded in action during the Korean War, and that the deceased’s treatment was completed and was discharged from active service, despite the fact that the degree of injury of the deceased was very serious, the instant disposition that the Defendant refused to apply for registration of a person who rendered distinguished service to the deceased was unlawful.

B. (1) The determination is made on Article 4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”).