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(영문) 서울행정법원 2019.12.12 2019구단56244
국가유공자요건비해당결정취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Details of the disposition;

A. According to Article 25(1) of the Military Service Act that is appointed as an auxiliary police officer on March 3, 2016 after the Plaintiff entered the Army Training Center located in Ansan-si as a person to be appointed as an auxiliary police officer on February 4, 2016, the Minister of National Defense recommended by the Commissioner General of the National Police Agency a person who will serve in the auxiliary police company as a person to be appointed as an auxiliary police officer pursuant to Article 3 of the Act on the Establishment and Operation of Auxiliary Police Companies, the person recommended by the Commissioner General of the National Police Agency shall be deemed as an active police officer, and shall have the director of the regional military manpower office enlist and second the person

In addition, according to Article 11 (1) of the Enforcement Decree of the Act on the Establishment and Operation of Auxiliary Police Companies, the appointment date (new employment date) of Auxiliary Police Officers is the same date as the date of secondment under Article 25 (1) of the Military Service Act.

On November 3, 2017, the member was discharged from active service.

According to Article 25 (2) and (4) of the Military Service Act, a person seconded as an auxiliary police officer shall serve for the same period as that of an active duty serviceman, commencing from the date of enlistment, and the Minister of National Defense shall cancel secondment when a person seconded has completed secondment and transfer to reserve service.

On the other hand, Article 46 of the Enforcement Decree of the Military Service Act provides that a military rank shall be granted to a person whose secondment has been cancelled and transferred to reserve service pursuant to paragraph (3) of the same Article, upon cancellation of secondment, according to the rank of auxiliary police officers at the time of cancellation of secondment.

(B) A soldier, a first class soldier, a first class soldier, a first class soldier, a first class soldier, a police officer, a first class soldier, and a second class soldier). According to the relevant laws and regulations as above, the plaintiff seems to have been transferred to reserve service upon cancellation of secondment to the expiration of the period of secondment.

B. The Plaintiff was undergoing basic military training at the Army Training Center on February 17, 2016, February 20, 2016, and February 20, 2016, and February 21, 2016.

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