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(영문) 대전지방법원 2016.04.21 2015구합102810
국립묘지 안장 비대상 결정처분 취소
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. The Plaintiff’s father B (hereinafter “the deceased”) was appointed as a policeman on September 1, 1950, and retired on June 30, 1951.

B. As the Deceased died on March 21, 2015, the Plaintiff filed an application to bury the Deceased to the Daejeon National Cemetery on March 21, 2015.

C. On March 30, 2015, the Defendant notified the Plaintiff that “The deceased was removed, and thus, the deceased was determined to be ineligible for burial in the National Cemetery pursuant to Article 5(4)4 of the Act on the Establishment and Management of National Cemeteries (hereinafter “National Cemetery Act”).

(hereinafter referred to as "the Disposition in this case"). / [Grounds for Recognition] The Disposition in this case does not dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a soldier belonging to the police station of the Jeonnam National Police Agency at the time of the Korean War, who was killed and wounded during the battle on September 1950, since he/she was a person of distinguished service to the sixth degree in the war before he/she participated in the Nakdong River battle around September 1950, and was subject to laying to rest in a national cemetery under Article 5(1)1 (g) of the National Cemetery Act.

On June 30, 1951, the deceased submitted a resignation report to the former Gangnam Police Station and resigned from office, but did not have been removed from office. Therefore, the instant disposition was unlawful as it was based on misunderstanding of facts.

Even if the deceased was removed, the removal disposition against the deceased cannot specify the date of the removal, and it is unlawful as it did not make a notification to the deceased. Thus, the instant disposition based on this is unlawful.

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

C. The facts of recognition 1) The deceased's name is "C", and the resident registration number is "D". 2) The career certificate of the head of Jindo Police Station on July 23, 2007 under the name of the head of Jindo Police Station (hereinafter "the career certificate of this case") shall be "B (E, resident registration number: F, address column: public official)" for 10 months from September 1, 1950 to June 30, 1951 and shall be assigned to the position of police officer in Jindo-do, Jindo-gu, Seoul, and Jeonnam-gu, and on June 30, 1951.

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