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(영문) 인천지방법원 2018.04.17 2017구단50925
국가유공자요건비해당결정취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 16, 2017, the Plaintiffs asserted that they joined the juvenile group to cover the F Coast guard expenses of the Strengthening Military Forces during the Korean War, and that they applied for registration of war veterans to the Defendant on September 16, 201, by asserting that they had engaged in the duty of reporting to the public security unit or the commander of the Korean War to control the entry of persons and ships who were killed and wounded in the first place in the first place in the military from September or December 1950 to December 1951.

B. Accordingly, on March 20, 2017, 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”), the Defendant requested the Minister of National Defense to verify the facts of transfer, but on March 23, 2017, notified the Minister of National Defense that “the facts of transfer cannot be verified” of the Plaintiffs, and issued a non-applicable disposition (hereinafter “instant disposition”) to the Plaintiffs on March 27, 2017.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 7, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the instant disposition was based on the grounds that “it does not fall under Article 2 subparag. 2(d) of the War Veterans Act” only presented the reasons and did not specifically present the grounds for the disposition. As such, there are procedural defects. As the Minister of National Defense did not go through the procedures for determining the truth of the statement of the friendly guarantor and the Plaintiffs’ assertion, there are substantive

나. 판단 1 관련 규정의 요지 ◆ 참전유공자법 제2조

2. The term "war veterans" means any of the following persons:

Military personnel who participated in the Korean War and was discharged from military service (including retirement or release from military service; hereinafter the same shall apply)

(d) A person recognized by the Minister of National Defense as having served in the Korean War (including any juvenile who served in the Korean War as a volunteer soldier) or as having served in the Korean War;

(e) The chief of a police station;

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