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(영문) 서울중앙지방법원 2017.07.19 2015가합501451

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A.V is a person who served as the Army sergeant at the time of 1950;

B. On July 15, 1951, the Defendant issued V’s family members “V died during the battle on October 13, 1950.” On June 24, 1959, on August 29, 1961, the Defendant registered the family members of V as the bereaved family members of the soldiers and police officers killed in action and were paid the survivors’ pension from that time under the former Military Pension Act (amended by Act No. 256, Sep. 26, 1952; Act No. 291, May 24, 1953; hereinafter the same) after the amendment by Act No. 1054, Apr. 16, 1962.

C. However, on July 7, 1969, the head of Daejeon Regional Security Office under the Defendant-affiliated District Security Office instructed the following to the head of the branch office. On July 10, 1969, the Ministry of Patriots and Veterans Affairs under the Defendant’s jurisdiction removed V from the status of a person of distinguished service to the State on the ground of his participation in the mine regime and his entry into and out-of-her entry into the military forces, on July 10, 1969.

Accordingly, X returned 74,400 won to the defendant who was paid by the defendant around that time.

Y XV

D. Meanwhile, on October 13, 1950, the Army Headquarters established by the defendant dealt with the military register of V as “ex officio,” and deleted the military register from September 9, 1969 to “North Korean defectors,” and disposed of on March 31, 1998 as “ex officio,” and on October 19, 2015, the Korean Army Headquarters dealt with the military register of V as “ex officio,” which was the “ex officio.”

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4, Eul evidence 1, Eul evidence 2, 4, 8, and 10, and the purport of the whole pleadings

2. Although the Plaintiffs’ assertion V fell under the soldiers and policemen killed in action after having participated in the Korean War 625, the public official in charge of the Defendant deemed V as the person of distinguished service to the State, without thoroughly examining the cause and circumstances of the death, and disposing of V as the person of distinguished service to the State.

Therefore, the investigation of V's survival and the confirmation of the war dead as appropriate.