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(영문) 서울행정법원 2017.09.01 2017구합51709

국가유공자유족비해당결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 16, 2015, the Plaintiff was arrested in North Korea on October 15, 195, and was arrested in North Korea on the part of the Defendant on February 16, 2015, and the Plaintiff’s father B (hereinafter “the deceased”), who was the father of the Plaintiff’s father at the time of the Korean War, transferred rice stored in a warehouse under the direction of the National Armed Forces, and was arrested in North Korea.

On May 2, 2016, the Board of Patriots and Veterans Entitlement decided that “the deceased was mobilized, drafted, or recruited by the head of a military unit or a police station for combat or other similar action and died during combat or other similar action, and thus does not constitute the requirements for persons of distinguished service to the State.” On May 27, 2016, the Defendant notified the Plaintiff that he/she determined the requirements for persons of distinguished service to the State in accordance with the aforementioned resolution.

(2) The Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire argument is as follows: (a) there was no dispute over the grounds for recognition; (b) Gap’s evidence Nos. 1 and 5, and Eul’s evidence Nos. 1 and 1; and (c) the Plaintiff’s assertion as to the legitimacy of the instant disposition at the time of the Korean War, at the time of the Korean War, transferred rice stored in a public warehouse under the National Armed Forces’s instructions; and (c) thereby, the deceased was sentenced to punishment for the North Korean forces, who followed the village thereafter; (d) the Minister of National Defense issued a written confirmation of the fact of participation to the deceased; and (e) the deceased’s identification and the Plaintiff’s mother were registered as the deceased’s surviving family members in the Korean War and received veterans benefits for two years.

Therefore, the deceased is "the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State" as "the deceased who died from a war or any equivalent act."

Since the instant disposition falls under Article 74(1)3, it is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

According to Article 74(1)3 and (2)4 of the Act on Persons of Distinguished Services to the State, and Article 94-4 of the Enforcement Decree of the same Act, soldiers are or soldiers.