beta
(영문) 서울중앙지방법원 2019.02.11 2018가단5071911

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s spouse B (CB) entered the Gun on August 22, 1950, and was discharged from active service on February 28, 1951 on September 29, 1950 by suffering two injuries from battles in the Masan District combat. < Amended by Presidential Decree No. 13588, Feb. 28, 1951>

B died on May 2, 1982

B. The residence card (hereinafter “the instant residence card”) prepared around the time of entry (hereinafter “the deceased”) includes the name “D”, “E”, and the address “F in Daegu City”. The date of birth column is a disturbance. The individual resident registration card of the deceased issued around May 193 does not contain any indication in relation to military service records.

C. On June 29, 2017, the Plaintiff submitted to the Seoul Regional Military Manpower Office a certificate of discharge and a reserve force pocket book stating the date of birth, service number, the date of entry, the date of expulsion, the date of expulsion, etc. of B, and received a revised B military register certificate from the director of the Seoul Regional Military Manpower Office to “B/H” from “D/G.”

The Plaintiff applied for the registration of bereaved family members of persons who have rendered distinguished services to the State to the head of Daegu Regional Veterans Office pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and the head of Daegu Regional Veterans Administration decided B as persons who have rendered distinguished services to the State and bereaved family members of persons who have rendered distinguished services to the State

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The public official in charge of the management of the alleged defendant's military register prepared B's residence tickets in bad faith.

Considering that the name (B), number of the deceased, date of enlistment, date of discharge, and date of discharge in the pocketbook of the reserve forces of the deceased, the public official in charge of the military register belonging to the defendant at least was confirmed or confirmed as the name of the deceased under the resident list of the deceased in around 1965, and did not correct it.

In addition, the individual resident registration record card.