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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On January 17, 2013, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State on the ground that the Plaintiff’s husband B (hereinafter “the deceased”) was arrested and killed in North Korean People’s Republic of Korea during the Korean War as a member of the Korean Youth Association at the 625 War.
B. On November 5, 2013, the Defendant rendered a decision on a non-competent disposition of a person who rendered distinguished service to the State (hereinafter “instant disposition”) on the ground that there is no objective evidence to prove that the deceased was killed in combat action or other action corresponding thereto, upon being mobilized, drafted, or employed by the head of a military unit or a police station for combat action or other action corresponding thereto, etc. (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is a soldier or policeman killed in action who was arrested and killed in the People’s Forces in the event that he was killed in action as the training commander of the strengthen military force after the tidal wave and carried out a war-fighting unit several times with North Korean people’s forces when he was concealed in a war and combat. As such, it should be recognized as a soldier or policeman killed in action, since he was arrested in the People’s Forces and killed in action.
(b) as shown in the attached Form of the relevant statutes;
C. 1) On October 11, 1963, the Prime Minister presented the deceased’s official commendation to the deceased, who was a person of distinguished service to the President of the Korean Anti-National Office. 2) On March 11, 1963, the list of soldiers for participation in the war reserve was inscribed in the memorial tower, and the name of the deceased is included in the above list.
3) The Plaintiff’s past History Settlement Committee for Truth and Reconciliation (hereinafter “Reconciliation Committee”) is deemed to be the Reconciliation Committee.
In the case of the deceased’s death, the previous company reorganization committee investigated the deceased’s death as “satisfying large power case,” and on January 13, 2009, 43 persons including the deceased on September 29, 1950 to September 29, 1950; or
9. During the period of 30.30, the People's Service is against the People's Service at the Esinchin Desium of the Gyeonggi-do.