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(영문) 서울행정법원 2016.01.07 2015구단8704
국가유공자요건비해당결정취소
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 participated in the Korean War from March 1952 to June 1953 as an volunteer police officer.

B. The Plaintiff asserted that he was injured in the head of combat during the Korean War (hereinafter “instant wounds”), and filed an application for registration with the Defendant for distinguished service to the State three times in around 2009, around 2010, and around 2012, but the said application was rejected in entirety.

C. On May 7, 2014, the Plaintiff again filed an application for registration with the Defendant to grant distinguished services to the State, asserting that, while shacks were put in heads in the total shacks during the Korean War, the Plaintiff was faced with the instant wounds on heads.

On October 24, 2014, the Defendant rendered a disposition to the Plaintiff on the ground that “In addition to the Plaintiff’s statement, objective supporting materials that may have suffered from wounds during combat action or in the performance of duties corresponding to it are not verified, and the reason for changing circumstances that may reverse the already deliberated decision is not confirmed” (hereinafter “instant disposition”) that does not constitute the requirements for persons who have rendered distinguished services to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on or around December 15, 2014, but the said claim was dismissed on or around April 14, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 through 4 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 23, 1952, the Plaintiff asserted that he was faced with the head on the Cheongcheon-gun, Cheongcheon-gun, Chungcheongnam-do, Cheongcheon-gun, Chungcheongnam-do, Cheongcheon-gun, Chungcheongnam-do, Cheongcheon-do, Cheongcheon-do, Cheongcheon-do, in the king of the Cheongdobbol Village, while shacking the shacks by having his hair lost the mind by facing the shacks of the total shacksm

Therefore, the instant difference constitutes a wound during battle, and thus, the instant disposition was unlawful on a different premise.

B. Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service.

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