국가유공자 유족등록 거부처분 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. On March 10, 2015, the Plaintiff, as a child of the deceased B (hereinafter “the Deceased”), participated in the 625 War as a youth defense force and was killed in the Musan War on September 28, 1950, and filed an application for registration with the Defendant (bereaved Family Members) on March 10, 2015.
B. As a result of the review of the Board of Patriots and Veterans Entitlement on the Deceased, it was decided that the Deceased did not meet the requirements of soldiers and policemen since specific and objective supporting materials are not verified, since it was not confirmed that the Deceased was mobilized, requisitioned, or employed by the head of a military unit or a police station on combat action or any other similar action
C. Based on this, on May 18, 2015, the Defendant rendered a non-conformity of the requirements for a person of distinguished service to the State (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion constitutes a soldier or policeman killed in action, who participated in the War as a young defense rather than the Army at the time of the Korean War, and was killed in the War on September 28, 1950, and thus constitutes a soldier or policeman having rendered distinguished services to the State (amended by Act No. 13609, Dec. 22, 2015; hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) under the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and the Plaintiff constitutes his bereaved family members.
(b) Entry in the attached Form of relevant statutes;
C. Determination 1) On June 23, 2014, the Minister of National Defense issued a written confirmation of the fact of participation to the effect that “the deceased confirmed the fact that he participated in the war as a defense force belonging to the youth defense unit from June 23, 2014 to September 1950.”
The plaintiff filed an application for registration of a person who has rendered distinguished services to the defendant, accompanied by a written confirmation of the fact of participation in the war, and the defendant shall be determined by Article 4 (1) 10 of the Act on the Persons of Distinguished Services