참전유공자등록거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The plaintiff
6. From 1951 to 1954 in the war, the Defendant filed an application for registration of war veterans with the Defendant on April 17, 2018, alleging that he participated in the war as a cooking soldier in the military unit B unit B of the United Kingdom B from 1951 to 1954.
B. On April 17, 2018, pursuant to Article 5(2) of the Enforcement Decree of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “ War Veterans Act”), the Defendant requested the Minister of National Defense to verify the Plaintiff’s participation in war.
C. On August 29, 2018, the Minister of National Defense issued the Defendant “Notice of the Results of Verification of Facts of War” with the content that “The Plaintiff and the guarantor’s statement are insufficient, the Plaintiff and the guarantor’s statement are different, and the guarantor are insufficient to recognize the Plaintiff’s participation in the War because they are not reliable by guaranteeing that the former talks.”
On September 6, 2018, the Defendant rendered a disposition that the Plaintiff was ineligible for the application of the War Veterans Act (hereinafter “instant disposition”) on the ground that the Plaintiff was given the foregoing notice to the Minister of National Defense.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 3, Eul evidence 1 to 7, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion
6. From 1951 to 1954, in the war, the military unit B was enlisted in the military unit B from 1951 to 1954.
Nevertheless, the Defendant issued the instant disposition that excluded the Plaintiff from the registration of war veterans on the ground that the Plaintiff was not identified by the Minister of National Defense, and thus, the instant disposition is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. On the grounds delineated below, it is difficult to accept the Plaintiff’s assertion that the instant disposition was unlawful.
1. Juvenile supporting soldiers who participated in the Korean War without military service in Article 2 subparagraph 2 (d) of the War Veterans Act shall be included in the Korean War.
"A person recognized by the Minister of National Defense as having participated in a fact or a Vietnam War" is defined as a war veteran.