1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 10, 2017, the Plaintiff asserted that he participated in the Korean War from July 7, 1951 to July 27, 1953, and filed an application for registration of war veterans with the Defendant.

On November 7, 2018, the Defendant notified the Plaintiff that it was impossible to confirm the fact of participation in the war as a result of a request to the National Police Agency and the Ministry of National Defense to confirm whether the Plaintiff participated in the war, pursuant to Article 5(2) and Article 2 subparag. 2 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “ War Veterans Act”), the Defendant notified the Plaintiff of non-existence of application of the

(hereinafter “Disposition” (hereinafter “instant Disposition”). Inasmuch as there is no dispute, Gap evidence 1, Eul’s evidence Nos. 12, and the purport of the entire pleadings, the gist of the Plaintiff’s assertion as to the legitimacy of the instant Disposition is unlawful on the ground that the Plaintiff participated in the Korean War as a soldier and a United Nations Armed Forces during the Korean War, and the Defendant’s notification to the Commissioner General of the National Police Agency and the Minister of National Defense that it was impossible to confirm the facts of participation in the war, without properly investigating the facts.

Since B, the plaintiff who participated in the military as a volunteer, was registered as a war veteran based on the letter of personal guarantee, the disposition of this case was in violation of the principle of equality.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The judgment on the assertion that the Defendant should investigate the fact of participation in the Korean War is a person falling under any of the items of subparagraph 2 of Article 2 of the War Veterans Act, and where an applicant for registration of war veterans is not a soldier or police officer at the time of participation in the Korean War, the person recognized by the Minister of National Defense as having participated in the Korean War (d) or the head of a police station, etc. under the direction and control of the chief of a police station, etc., and participated in the Korean War.