logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.08.16 2017구단10657
국가유공자 및 보훈보상대상자 요건 비해당 결정 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”), and the deceased died on August 7, 1950 during a war on June 25, 1950.

B. On September 29, 2016, the Plaintiff filed an application for registration of a person of distinguished service to the State, arguing that “The deceased was employed as a volunteer police station under the jurisdiction of the Seoyang Police Station C branch, and was detained in the c branch, which was a local police force, after the outbreak of the Korean War on June 25, 2016, and was investigated into the c branch for one week, and then supported the police’s duties as a volunteer police officer at the time of the Korean War.”

C. On April 18, 2017, the Defendant decided that the deceased does not constitute a person of distinguished service to the State and a person eligible for veteran’s compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State and the Act on Support for Persons Eligible

(hereinafter referred to as “instant disposition”) D.

The Plaintiff appealed and filed the instant lawsuit on July 17, 2017.

[Grounds for recognition] The items in Gap evidence 1-1, 2, Eul evidence 1-1, and the purport of the whole pleadings

2. Determination as to whether the disposition is illegal

A. The Plaintiff’s assertion was employed as a volunteer police at the time when the instant accident occurred, and around that time, the Defendant was naturally organized a pro rata-wing force in the naval Gun area. After the outbreak of war on June 25, 200, this region’s public authority became more and more, the Defendant was born in the relevant fleet and was caught in the relevant fleet around the beginning of August 1950, and on the ground that the deceased supported the police’s duty as volunteer police at the time of the instant accident at the time when the instant accident occurred, the deceased was put in prison by the relevant shock team before the relevant fleet (C branch) and died on duty.

Therefore, the defendant's disposition of this case must be revoked.

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

C. 1) Determination of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”)

Article 74 (1) 3 and the Enforcement Decree of the same Act.

arrow