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. On September 25, 2014, the Plaintiff asserted that on February 5, 1951, the deceased B, his father (hereinafter “the deceased”), mobilized as a labor force in the Korean War, died, and filed an application for registration of bereaved family members of soldiers and policemen who have rendered distinguished services to the Defendant.
B. On February 16, 2015, the Defendant rendered a disposition rejecting bereaved family members to the Plaintiff on the ground that it is insufficient to recognize that the deceased died in combat action or in the performance of duties equivalent thereto.
(hereinafter “instant disposition”). C.
On March 20, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 17, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 18, 20, and 21, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a soldier or policeman killed in action pursuant to Article 74(1)3 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, since the Deceased was mobilized as a six-time soldier or policeman during the Korean War on February 1951 and died during his service.
Nevertheless, the defendant's disposition of this case on different premise is unlawful.
(b) Article 4 (1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including persons who are provided for in other Acts to receive honorable treatment, etc. provided for in this Act) that falls under any of the following subparagraphs shall be given honorable treatment under this Act:
3. Soldiers or police officers killed in action: Soldiers or police officers killed or wounded in action or in the line of duty corresponding thereto (including civilian military employees killed or wounded in action or in the line of duty corresponding thereto on or before December 31, 1959), Article 74 (Compensation for Civilian Personnel, etc. killed or wounded in Action) (1) Any of the following persons shall be punished by a soldier or policeman killed or wounded in action, or in the line of duty according to the relevant