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(영문) 대전지방법원 2015.02.04 2014구합610
국립묘지안장거부처분취소
Text

1. The Defendant’s rejection disposition of laying to rest in a national cemetery on November 12, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On November 4, 1960, the Plaintiff’s father B (hereinafter “the deceased”) was discharged from military service on the ground of appointment of officers on October 1, 1966, and participated in the Vietnam War on December 31, 1966, and was discharged from military service on the ground of his meritorious service on November 17, 1972, and was discharged from military service on January 31, 1981.

On February 7, 200, the Deceased was registered as a person of distinguished service to the State on the ground that he was the Vietnam War veteran, and on December 8, 2012, the Deceased was judged to have sexual intercourse due to the post-treatment caused by defoliants damage, and thereafter died on October 1, 2013.

B. On October 3, 2013, the Plaintiff filed an application with the Defendant for laying the Deceased to rest in a national cemetery.

C. The Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Sound Records, Video Products and Game Software Act (hereinafter “the instant crime”), and requested the deliberation committee for the National Cemetery Burial Eligibility to which the Ministry of Patriots and Veterans Affairs belongs (hereinafter “the Deliberation Committee”) to review whether the deceased’s burial in the National Cemetery would damage the honor of the National Cemetery, on the ground that the judgment became final and conclusive.

On November 6, 2013, the National Cemetery Deliberation Committee deliberated and resolved on the eligibility for burial on the ground that the deceased constituted a person who impairs the honor of national cemeteries provided for in Article 5(4)5 of the former Act on the Establishment and Operation of National Cemeteries (amended by Act No. 12667, May 21, 2014; hereinafter “National Cemetery Act”). Based on the foregoing, the Defendant notified the Plaintiff on November 12, 2013 that “the deceased’s decision is ineligible for burial in national cemeteries.”

(hereinafter referred to as "disposition of this case"). [Grounds for recognition] Facts without dispute, Gap's entries in Gap's 1, 2, 3, 9, 10, 11, 12, 15, 16, Eul's 1, 2, and 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion No. 10

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