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(영문) 수원지방법원 2017.07.21 2016구단2353
국가유공자 비해당결정 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On July 18, 2016, the Plaintiff asserted that he/she was killed on August 5, 1950, his/her father B (C) was killed on the part of the Defendant on July 18, 2016, and filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State.

B. On September 2, 2016, the Defendant rendered the instant disposition rejecting the said application for registration on the ground that the specific and objective records to recognize that the deceased died as the cause of combat action or the performance of duties in relation thereto were not verified, and thus does not constitute the requirements for persons of distinguished service to the State (persons and police officers killed in action or in the line of duty) and persons eligible for veteran’s compensation (persons killed in action or in the line of duty

[Ground of recognition] Unreshed facts, Gap evidence 3, Eul evidence 1, 2, the purport of the whole pleadings

2. (i) The Plaintiff asserts that the instant disposition should be revoked on the ground that: (a) the decedent was admitted to the National Armed Forces after the 8/15 Mine, while living in the Gisung-gun, Gisung-gun, and died in battle while serving in the Korean War and serving in the training of its members in the neighboring military unit; and (b) the instant disposition should be revoked on the ground that it was unlawful.

The possibility of the plaintiff's assertion can not be ruled out in the following point.

A certified copy of the family register (Evidence B) states as follows: “The family register No. 6 states as follows: “The family register No. 31 October 31, 1964 (O. 31, 1961),” “The family register No. 5, 4283, 5 August 195 (O. 5, 1950) of the deceased and the birth of the family register No. 310, Oct. 31, 1964 (O. 31, 1961).”

The judgment of June 24, 1980 (Evidence A5) rendered by the Plaintiff against the Prosecutor on the claim for recognition of the Gwangju District Court 80D89 was finalized on July 21, 1980, and the Plaintiff was recognized as the natural father of the Deceased. The written decision of the judgment in question refers only to the Plaintiff’s testimony of family register and witness F as the grounds for recognition of the deceased’s natural father. Family relation certificate (Evidence A6) is born between the Plaintiff and the father’s name and mother’s name on September 10, 1950.

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