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(영문) 서울행정법원 2015.11.27 2015구단6746

국가유공자전쟁유가족비해당결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) was born on November 9, 1951 and went to the Gun on November 19, 1951 and died after having been discharged from military service on July 15, 1952. The plaintiff is the deceased’s wife.

B. The Plaintiff filed an application for registration of a person who has rendered distinguished service to the State on the ground that the deceased was killed after having entered the Army at the time of the Korean War, and was discharged from military service due to tuberculosis or any disease related to internal medicine at the time of the Korean War, but was determined not to meet the requirements for persons who have rendered distinguished service to the State on June 2, 2006. The Plaintiff subsequently filed an application for registration for the said reason with the Defendant on July 6, 2006, but did not meet the requirements for persons who have rendered distinguished service to the State. The Plaintiff again filed an application for registration of a person who has rendered distinguished service to the State on December 15, 206

C. Since then, the Plaintiff was hospitalized in the Army Hospital due to serious invasion and respiratory difficulties at the time of the Korean War, and was discharged from active service, but the Plaintiff filed an application for registration of persons of distinguished service to the State on the ground that he died three months after discharge. However, on October 15, 2010, the Plaintiff was determined not to meet the requirements for persons of distinguished service

On June 2, 2014, the Plaintiff asserted that the Deceased caused disease (hereinafter “the instant injury”) to the Defendant due to thirst, etc. during the Korean War, and that he/she died after two months after discharge from active service, and that he/she applied for registration of persons of distinguished service to the State.

E. On February 13, 2015, the Defendant confirmed that “the deceased was dead on March 25, 1957,” and that the deceased’s name was notified of a disturbance, and that it was not confirmed that there was no reason for disability in the verification of facts related to the requirements. The records of discharge from hospital after hospital treatment at the Army Hospital were confirmed, but the records of hospitalization alone cannot confirm the name and the background of the outbreak of illness.