유족보상금지급청구부결처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of the disposition are not disputed between the parties, or acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1 and Eul evidence No. 2.
The plaintiff is performing a special mission under the control of the 1st parallel of the 1st group from January 1, 1951 to September 1952 and the 4863 unit of the Army.
The defendant filed an application for compensation with the defendant by asserting that he was missing.
B. On October 27, 2009, the Defendant dismissed the application for the payment of compensation in accordance with Article 2 of the Enforcement Decree of the Act to the effect that there was no data related to the performance of a special duty with respect to the Plaintiff, and that B had worked before the creation of a intelligence unit as a result of the external investigation of the person who performed a special duty with respect to B, and that the military units constituted before the creation of the intelligence unit and engaged in a shock field, etc. are excluded from the “military intelligence unit” under Article 2 of the Act on the Compensation for Persons who performed a Special Military Mission (hereinafter “Act”).
2. Whether the disposition is lawful;
A. (1) According to Article 3 subparagraph 1 of the Enforcement Decree of the Act, a person who was engaged in a special mission prior to March 6, 1951, which was the date of the establishment of a military intelligence unit, is excluded from compensation.
6. 25. The exclusion of a member of the intelligence unit from the scope of compensation solely on the ground that the activity date is prior to the above date is against the principle of equality, and the exclusion of a member of the intelligence unit from the scope of compensation is contrary to the original purport of the enactment of the Act, which is the date of the compensation criteria, on August 15, 1948, which is the first date of the Republic of Korea, from the date of the war following the outbreak of the War. Therefore, the above provision of the Enforcement Decree is erroneous.
(2) In addition, B was drafted on December 1950, when he was enrolled in the second grade of Gangnam Middle School, and was forced to be enlisted in the first class of the Army, and was transferred to the first class of the Army, and was assigned to the 4863 unit of the Army, and was exclusively assigned to the 4863 unit of the Army until September 1952.