beta
(영문) 광주지방법원 2018.08.30 2016구단899

국가유공자(전상군경) 추가상이 적용 비대상결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The deceased B, the spouse of the Plaintiff, entered the Army on July 5, 1951, and was discharged from active service on April 30, 1952.

B. The Plaintiff filed an application for registration of a person who has rendered distinguished service to the State by asserting that he/she sustained a total prize on the left part of the 625 War. On July 31, 2012, the Defendant recognized “the left part and the YMMMYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

C. On April 5, 2016, the Plaintiff: (a) as at the time of combat 625, the Plaintiff: (b) filed an additional application for registration with the person who rendered distinguished services to the State on the ground that the Plaintiff died on November 8, 1967 due to the aggravation of the sick’s disease; and (c) filed an additional application for registration with the person who rendered distinguished services to the State.

Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc.”) on August 29, 2016, on the ground that specific and objective data that could prove that the deceased sustained the instant wounds during combat action or during the performance of his/her duties related thereto are not verified, the Defendant’s additional application is “the instant disposition”.

E) The Plaintiff appealed and filed the instant lawsuit on September 5, 2016. [Grounds for recognition] Evidence Nos. 1, 3 through 7, 9, 18, and evidence Nos. 1, 2, and 5 (each entry, including the serial number, and the purport of the entire pleadings)

2. Whether the disposition is illegal;

A. At the time of the Plaintiff’s assertion 1625, a soldier’s guns in battleed the part of the deceased’s right part, and fluored the end of the bluoral part of the deceased and stuffed into the left part part of the bluoral part. The deceased died due to the injury to the right part of the bluoral part of the deceased’s death. In the absence of a bed part of the deceased’s beds