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(영문) 광주지방법원 2015.07.02 2014구단765

국가유공자등록거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On October 17, 1951, the deceased B (CB; hereinafter “the deceased”) participated in the Korean War on October 17, 1951, but was discharged from military service on January 10, 1953, and died on August 26, 198.

B. On July 8, 2013, the Plaintiff, as a deceased, filed an application for registration of persons who have rendered distinguished services to the State and bereaved family members of persons eligible for veteran’s compensation by alleging that the deceased suffered from the wounds of “dual spathm, loss of Cheong power, and telegraph during the

C. Accordingly, according to the confirmation document on the requirements related to the requirements against the deceased, the name of the deceased was confirmed to be a tuberculosis subfection (hereinafter “the first injury of this case”). However, according to the situation of the beds, it was confirmed to be a king, and the “the second injury of this case” claimed by the plaintiff (hereinafter “the second injury of this case”) was not a wound confirmed by the confirmation document related to the requirements and the day of the beds, etc., according to the resolution of the Board of Patriots and Veterans Entitlement, the decision was made on December 19, 2013 to be non-eligible for persons who have rendered distinguished services to the State and their bereaved family members (hereinafter “the disposition of this case”).

Accordingly, the plaintiff filed an administrative appeal on March 5, 2014, but the Central Administrative Appeals Commission dismissed the decision on July 22, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was killed in the Korean War on June 25, 1988, while serving in the Macheon War, who suffered from the wounds of “dubal spathm, loss of Cheong power, and telegraph,” and was suffering from the beds for several hundred and twenty years after discharge from active service.

Nevertheless, the instant disposition that the Defendant did not recognize the deceased’s wounds as having occurred during combat or in the performance of duties equivalent thereto is unlawful.

B. As to the (i) whether a person was wounded in combat action, and as to the fact that the deceased participated in the Korean War.