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(영문) 창원지방법원 통영지원 2018.10.02 2017가단1195
손해배상(기)
Text

1. The Defendant: (a) each of the 10,000,000 won to the Plaintiff (Appointeds) and the Appointeds; and (b) from September 11, 2018 to September 2018.

Reasons

1. Facts of recognition;

A. B (C) entered the Army on November 24, 1950, and on June 6, 1953, entered the army, and suffered the “the entire fests in the battle area” among the battle areas.

B was hospitalized in the Army Hospital from June 19, 1953, and was discharged from active service on October 20, 1953, and died on June 24, 1994.

B. Meanwhile, the residence card prepared around the time of entry (hereinafter “the instant residence card”) stated that the name “D”, “E” (hereinafter “F”), and “G” and “H in South and North Korea,” as the date of birth.

After that, the old resident registration record card B (hereinafter “instant resident registration record card”) drawn up on January 1, 1979 entered “F” in the military service column.

C. While the Plaintiff, the designated parties, and I (hereinafter “Plaintiffs, etc.”) visited the Plaintiff’s children and sought issuance of a military register certificate on the basis of the Plaintiff’s personal information (name, date of birth, domicile at the time of entrance, etc.) on several occasions from the time of the death of B, the Plaintiff, the designated parties, and the I (hereinafter “Plaintiffs, etc.”) did not receive the certificate on the ground that the military register records

(The number of the plaintiffs, etc. was unknown). D.

I issued a certified copy of the resident registration record card of this case on April 2014, and confirmed B’s service numbers, and issued B’s military register certificate from the director of the regional military manpower office around the Republic of Korea on April 7, 2015. On April 10, 2015, he applied for registration of B to the head of the Changwon Veterans Office pursuant to Article 6(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”).

E. On April 24, 2015, I received the residence card of this case from the Army Chief of Staff, and the name and date of birth of B mistakenly stated was corrected on April 28, 2015.

F. On October 22, 2015, the head of the Changwon Veterans Association decided B as a soldier or policeman wounded (Grade VII 4115) among persons who rendered distinguished services to the State, subject to deliberation and resolution by the Board of Patriots and Veterans Entitlement.

[Ground for recognition] A.

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