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(영문) 춘천지방법원 2020.12.15 2020구합297
참전유공자등록신청 기각처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 2, 2018, the Plaintiff asserted that “the Plaintiff’s father B (hereinafter “the Plaintiff’s father”) was drafted to the 5th unit C of the 5027 Army B, the fifth unit C of the 5027 Army Soldiers, and participated in the Korean War.” On November 2, 2018, the Plaintiff filed an application for registration of war veterans with the Defendant pursuant to Article 5 of the Honorable Treatment of War Veterans and Establishment of Related Associations Act (hereinafter “ War Veterans Act”), Article 5(1) and (2) of the Enforcement Decree of the said Act, Article 3 of the Enforcement Rule of the said Act, and applied for confirmation of the fact of participation with the Minister of National Defense.

B. The defendant requested the Minister of National Defense to confirm and deliver the deceased's participation in war pursuant to Article 5 (2) of the Enforcement Decree of the War Veterans Act.

C. On April 11, 2019, the Minister of National Defense notified the Plaintiff and the Defendant of the fact that “it is difficult to confirm the Plaintiff’s statement on the grounds that evidence submitted by the Plaintiff was insufficient to verify the reliability on the grounds of proving the decedent’s participation in the war.”

(hereinafter “instant notification”) D.

On June 5, 2019, the Defendant dismissed the Plaintiff’s application for registration of war veterans on the ground that “as a result of the Defendant’s request to confirm the fact of participation in the war to the Ministry of National Defense, the fact of participation in the war was not recognized

(hereinafter “instant disposition”)

E. On August 11, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the relevant claim was dismissed on February 21, 2020.

[Ground of recognition] Gap evidence Nos. 4, 21, 22, Eul evidence Nos. 1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s military service pocketbook submitted by the Plaintiff alone verified the deceased’s participation in the war, the Defendant should accept the Plaintiff’s application for registration of war veterans, even without recognizing the fact of participation in the war.

(b) the indication of the relevant regulations and the attached Form;

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