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(영문) 부산지방법원 2017.10.25 2016구단1268
국가유공자등록거부처분취소
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 October 20, 2015, the Plaintiff applied for registration of a person of distinguished service to the State on the ground that “the Plaintiff was born to the people’s forces while divingd from the 5th group of 5th group of 5th group and 6th group of 5th group of 36th group of 1952, and was born to the people’s forces during the 0th group of 0th class of 1952, and was under treatment at the 5th group of 5th group of 0th class of 0th class of 195, and was under treatment at the 5th group of 5th class of 5th group of 199,” and that “the Plaintiff was under treatment at the 5th group of 5th group of 196th group of 5th group of 195

B. On March 14, 2016, the Defendant decided that the Plaintiff did not meet the requirements for a person of distinguished service to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Persons of Distinguished Service to the State”) in consideration of the following: (a) the Plaintiff was confirmed to have participated in the Korean War as his/her employee; (b) the date of injury, the cause of injury, the injury, the name of injury, etc. related to the instant injury; and (c)

(hereinafter "Disposition in this case"). / [Grounds for recognition] The entry in Gap evidence 1, 2, and Eul evidence 1 (if any, including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff sustained an injury while serving in the military in the Korean War. Although there were no beds or medical records at the time, it can be acknowledged that there was a proximate causal relation with combat action or performance of duties corresponding to it in the white notice, in full view of the fact-finding certificates issued by the Army Chief of Staff, and the letter of postal guarantee issued by B at the time of physical treatment of the Plaintiff.

Therefore, the instant disposition that was otherwise determined is unlawful.

B. Under Article 4(1)4 of the Act on Persons of Distinguished Services to the State, soldiers or police officers were wounded in combat action or in the performance of duties corresponding thereto, or discharged from military service.

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