국가유공자요건비해당결정취소
1. The plaintiff's lawsuit against the Minister of National Defense shall be dismissed.
2. As to the head of the Dong-dong branch of the Plaintiff’s sports.
1. Details of the disposition;
A. On March 16, 2017, the Plaintiff asserted that “Defendant 2 participated in the War War as B youth volunteer from January 1, 1951 to December 1951, 201,” and filed an application for registration of war veterans.
B. On March 22, 2017, Defendant 2 requested the Minister of National Defense (hereinafter “Defendant 1”) to verify the fact of participating in the war against the Plaintiff 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”).
C. On June 26, 2017, Defendant 1 and Defendant 2 notified the Plaintiff and Defendant 2 of the result of the non-recognition of the fact of participation in the war (hereinafter “instant notification”) on the grounds that “the Plaintiff’s statement is inconsistent, and the details of the Plaintiff’s statement and the guarantee of the personal guarantor are inconsistent, and thus, it is restricted to confirm the facts regarding the Plaintiff’s statement in the war,” and the instant notification reached the Plaintiff on July 14, 2017.
After receiving the instant notice, Defendant 2 rendered a non-applicable decision of the War Veterans Act (hereinafter “instant disposition”) to the Plaintiff on July 21, 2017.
[Basis] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 12, Eul evidence 1-1, 2, 3-4, evidence 4-1, 5-2, and the purport of the whole pleadings
2. Determination as to Defendant 1’s defense prior to the merits
A. Defendant 1’s defense 1 prior to the merits of the instant case and the denial of eligibility for the Defendant (the Plaintiff asserted 1 is only entitled to apply for the registration of war veterans to Defendant 2, not Defendant 1, and the instant notification is merely a procedure for determining the registration of war veterans, and cannot be deemed to directly affect the Plaintiff’s rights and duties. Therefore, the instant notification does not constitute “disposition” subject to appeal litigation.
In addition, Defendant 2 was not entrusted with the authority to decide whether to register the war veterans.