국가유공자및보훈대상자요건비해당처분취소
2014Nu7061 and revocation of disposition equivalent to the requirements for persons of distinguished service to the State;
A
Head of Daegu Regional Veterans Administration
Daegu District Court Decision 2013Gudan1510 Decided December 5, 2014
May 29, 2015
July 24, 2015
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
1. Purport of claim
On April 4, 2013, the defendant revoked the disposition against the plaintiff as non-person who rendered distinguished services to the State and as a person eligible for veteran's compensation.
2. Purport of appeal
A. Plaintiff: The part of the judgment of the first instance court against the Plaintiff shall be revoked. The Defendant’s disposition against the Plaintiff on April 4, 2013, equivalent to the requirements of a person who rendered distinguished services to the State, shall be revoked.
B. Defendant: The part against the Defendant in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to the above revocation is dismissed.
1. Quotation of judgment of the first instance;
The reasoning for this Court’s explanation is as follows, and the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance except for the dismissal of some contents as follows. Thus, this Court’s explanation is cited in accordance with Article 8(2) of the Administrative Litigation Act
○ The 6th sentence of the first instance court's second sentence " March 17, 2014" shall be "19, March 17, 2017".
○ In the 6th trial of the first instance court, “part of testimony of witness F and G” in the 12th trial of the court of first instance is considered as “part of testimony of witness F and G and witness H of the first instance court.”
2. Conclusion;
Therefore, the decision of non-conformity of a person eligible for veteran's compensation among the dispositions in this case must be revoked in an unlawful manner. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff and the defendant's appeal are dismissed as it is without merit. It is so decided as per Disposition.
The presiding judge, senior judge and public officer;
Judges Boli-a
Judges fixed-term