국가유공자요건비해당결정취소
1. The Defendant’s decision that rendered distinguished service to the State on October 7, 2013 was revoked.
2. The costs of lawsuit shall be.
1. On January 27, 1951, the following certificate of merit was presented to the Defendant on September 23, 2015, on the ground that the Plaintiff, who was a second militia in the Army, was awarded the Order of Military Merit from the President of the Korean Army on September 10, 1952 during the Korean War, on the ground that he/she received the Order of Military Merit from the President of the Korean Army on June 10, 1952.
제25호 무공훈장수여증 ㅡ 소속부대 제2군단사령부 ㅡ 계급 육군 중위군번 B 성명 A단기 C생 ㅡ 화랑무공훈장제 호 우자는 단기 4285년 6월 10일 화천지구전투에서 우기 등급의 공훈장을 수여함을 증명함 단기 4285년 6월 10일 대한민국육군 총참모장 육군중장 D (직인) 그러나 피고는 2013. 10. 7. 원고에게 안전행정부 및 육군본부에 상훈 기록이 없다는 이유로 국가유공자에 해당하지 않는다고 결정통지했다
(hereinafter “Disposition in this case”). [Grounds for recognition] No dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. Summary of the parties' arguments;
A. Among the 625 Wars in which the Plaintiff received the certificate of the issuance of the Order of Military Merit, only the certificate was issued without the order of the Order of Military Merit in urgent circumstances, and there is no need to see that the record of the order is omitted.
Therefore, inasmuch as the Plaintiff entered a war around that time and obtained the certificate of the award of the Order of Military Merit for Majors in Combating in the War that occurred during that period, it was proved that he was “the person who received the Order of Military Merit” under Article 4(1)7 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “the Act”) and thus, the instant disposition that held that the Plaintiff did not constitute a person of distinguished service to the State on the ground that the record
B. The issuance certificate of the Order of Military Merit issued by the Plaintiff constitutes a provisional certificate that was distributed without deliberation on the decoration under the critical circumstances of display, and thereafter, the government shall undergo self-examination.