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(영문) 서울행정법원 2019.03.28 2018구합6072
국립묘지안장거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

C. On July 17, 2018, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s above claim.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's summary of the plaintiff's assertion was a soldier who participated in the Yama combat combat, and became a prisoner of war of the enemy-satisfy in the previous Chapter

Considering the escape, the instant disposition based on the premise that the deceased’s damage to the honor of a national cemetery is unlawful, in view of the following: (a) the deceased went to his residence by obtaining sick leave during a long-term medical treatment and his return was delayed; and (b) the deceased received the Order of Military Merit and the Certificate of Persons of Distinguished Services to the State.

Facts of recognition

The rank of personal information content of the military register: D date of birth of E: The date of birth of E: B on October 31, 1951: The number of persons who entered the military register on February 1, 1953: the confirmation of a sentence for the restriction of the date of deprivation (or the network) on February 1, 1953: * the military register confirmation of the deceased on April 16, 1954 * the military lecture, salary 2/3 confiscation, and the exclusive discharge of the three-month supplementary units of imprisonment: the number on June 10, 1955 : the confirmation of the rank of the person whose date of deprivation was restricted: the confirmation of the military register of the deceased on June 20, 195, which was confirmed by the Chief of Staff of the Army who did not enter the military register on June 10, 1955, are as follows:

The Deceased was killed and wounded in combat action around September 10, 1952 and was hospitalized on October 20 of the same year from April 11, 1953, among the hospitalization fees around October 20 of the same year.

5. A person who obtained sick leave for twenty days until January 1, 200 and resides therein.

The military police was arrested on March 13, 1954.

On April 16, 1954, the deceased was sentenced to the punishment of “Admonishment, a salary 2/3 forfeiture, and a prison term of three months” at the High Military Council of the High Military Council. However, the execution of the sentence of imprisonment was suspended.

On June 26, 2017, the deceased received the certificate of distinguished service to the State, and on March 13, 2017, the Plaintiff registered as a bereaved family member of a person of distinguished service to the State (a bereaved family member) by filing an application for registration of bereaved family with the head of the Seoul Northern Branch Office.

[Ground of recognition] dispute.

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