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(영문) 대전지방법원 2015.04.17 2014구단100353
국가유공자 및 보훈보상대상자 요건 비 해당 결정 처분 취소청구의 소
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 March 7, 2013, the Minister of National Defense issued a “certificate of fact of fact of fact of fact” to “the Plaintiff participated in the war on March 7, 1951 from March 195 to December 1952 as an employee of the U.S. First Team.”

B. On March 15, 2013, the Plaintiff filed an application for registration with the Defendant for registration of a person who has rendered distinguished services to the State on the ground that “Embane was on the left part while working for a worker.”

C. On March 14, 2014, the Defendant issued a non-conforming measure against the Plaintiff on the ground that “The military records that the Defendant was mobilized, drafted, or recruited by the head of a military unit or a police station for combat or other similar action, and the application does not confirm any objective supporting data that can be recognized as wounded in the performance of duties or education and training directly related to combat or other performance of duties corresponding thereto, national defense, safety, etc.” (hereinafter “instant disposition”) on the ground that the application is not recognized as the requirements for soldier or policeman wounded in action and the requirements for soldier or policeman wounded on duty.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 4-1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1) The Plaintiff was drafted under an order of conscription issued by the commander of a Korean military unit or a commander of a unit, and was placed as a civilian military employee of the US military unit through the prescribed education. Even if the Plaintiff was drafted by the head of the US military unit, the Plaintiff was drafted for a Korean War and participated in the war with the right to wartime operations in the name of the United States military unit, and thus, the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State

It is to interpret only the "head of a military unit" as stipulated in Article 94-4 of the Enforcement Decree only to the head of the Korean military unit.

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