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(영문) 부산지방법원 2020.02.05 2019구단20666
국가유공자 및 보훈보상대상자 비해당처분
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On November 7, 1969, the Plaintiff entered the military register certificate (certificate No. 1) on November 3, 1969 on November 3, 1969, and on the military register register (certificate No. 2) on November 7, 1961, the date of enlistment is recorded on November 7, 1961, and it is based on the entry of the military register register.

The Army entered the Army and was discharged on October 5, 1972, and was dispatched to Vietnam War from November 29, 1970 to November 17, 1971.

B. On February 11, 2019, the Plaintiff asserted that “a person was killed in the Vietnam War and sent to the hospital for treatment on the left-hand face with total notice,” and filed an application for registration of persons who rendered distinguished services to the State with regard to “the face face-to-face trade (hereinafter “the instant wound”).” as the case, the Plaintiff applied for registration of persons who rendered distinguished services to the State.

C. On May 31, 2019, the Defendant rendered a disposition against the Plaintiff on the ground that the Plaintiff did not have any objective reason to prove that the Plaintiff was in battleed of 3.5cm x 1cm on the left side of the Plaintiff, but was in battleed for about 30 years prior to the 30-year combat (hereinafter “instant disposition”).

[Ground of recognition] Facts without any dispute, Gap's 1, 2, and Eul's 1 through 3 (including a number; hereinafter the same shall apply)

2. The legality of the instant disposition

A. The Plaintiff asserted that the instant disposition was unlawful on a different premise, even though the Plaintiff was killed in Vietnam and sustained the instant wounds during battle.

(b) as shown in the attached Form of the relevant statutes.

C. 1) The plaintiff was dispatched to Vietnam on November 29, 1970 under the jurisdiction of the water supply company B, and returned to the Republic of Korea on November 17, 1971. 2) The plaintiff returned to the military unit on August 22, 1970, when he was sent to the Vietnam Hospital on August 22, 1970.

3) On December 16, 1971, the Plaintiff was hospitalized in Malaria, 101, and was transferred to the Malar, 59, and was judged to have been on the same day on December 28, 1971. The Plaintiff continued to be hospitalized and discharged on March 17, 1972. (4) The Plaintiff was also discharged on March 17, 1972 from the Malar, a member of the Mana Foreign Department.

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