국가유공자요건비해당결정취소
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) was serving as a police officer and died on October 28, 1950 when he was in the Korean War.
B. On February 25, 2013, the Plaintiff, a dependent on the deceased, applied to the Defendant for the registration of the deceased as a person of distinguished service to the State on the basis of Article 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”), but the Defendant appears to be erroneous in the statement of non-specific determination (Article 2(1)2 of the Act on the Support of Persons of Distinguished Service to the State (Evidence 3) under Article 2(1)1 of the Act on the Requirements for Persons of Distinguished Service to the State and Support for Persons of Distinguished Service to the State (hereinafter “Act on the Persons of Distinguished Service to the State”) on September 26, 2013.
The decision was made that the requirements do not meet the requirements.
[Based on Recognition] Evidence No. 1-1, 2, A-2, 3, and A-1
2. Upon the lapse of the period for filing a lawsuit against a person eligible for veteran’s compensation, the Defendant asserts that the revocation was unlawful after the lapse of the period for filing a lawsuit. The Defendant added the revocation part to the third date of pleading at the court of first instance on January 16, 2015, when the Plaintiff filed the instant lawsuit, to the purport that the revocation part is unlawful.
According to Article 6 (1) and (2) of the Act on Persons of Distinguished Service to the State, an applicant for registration pursuant to Article 4 (1) of the Act on Persons of Distinguished Service to the State shall be deemed to have applied for registration pursuant to Article 6 (1) of the Act on Persons of Distinguished Service to the State on the date he/she applied for registration. According to Article 4 (1) and (2) of the Act on Persons of Distinguished Service to the State, an applicant for registration pursuant to Article 6 (1) of the Act on Persons of Distinguished Service
Meanwhile, the Plaintiff applied for registration of a person of distinguished service to the State pursuant to Article 6 (1) of the Act on Persons of Distinguished Service to the State, and the Defendant on September 26, 2013.