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1. Revocation of the first instance judgment
2. The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 3, 2005, the Plaintiff received education for 14 days from the headquarters of the Air Force Special Stage in order to the Defendant on March 3, 1952 by the Plaintiff, who was in the North Korean People's Group, on March 3, 2005.
3. 25.0 to 25.0
4. Returning back to the end of 20.20. After collecting additional repair collection for the Pyeongtaek Forest Airfield, etc., one shall receive education on special duties at the education unit for the Ministry of Air Force Specialagsium from May to September of the same year.
9. 23 April 1, 1960 as the Air Force active duty servicemen were drafted.
The Defendant, on October 25, 201, filed an application for the payment of compensation under Article 10 of the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Act”). On October 25, 201, the Educational Team for Jeju Island is confirmed to be affiliated with the military unit of Article 606 of the Kudong Air Force (the military unit of Article 6004).
Article 2(1)2 of the Act and Article 2 of the Enforcement Decree of the Act apply to the Plaintiff on the ground that “The instant disposition was rendered against the Plaintiff, by applying Article 2(1)2 of the Act and Article 2 of the Enforcement Decree of the Act (hereinafter “instant disposition”). In response to the Plaintiff’s objection, the Plaintiff filed an application for reexamination to the Defendant, but the Defendant dismissed the Plaintiff’s application on March 27, 2012 for reexamination on the same ground. (c) The Defendant did not have any fact that
“The reasons for the disposition was added.”
[Evidence] Evidence Nos. 1-1, 2, 7-1, 2, 18-1, 18-3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Do Education Team refers to the 194 special stage under the 90 special stage of air force, and even if the education cost of the Air Force special stage and the Do Education System was carried out under the command and control of the U.S. military, it is due to the unique characteristics at the time of the Korean War, and thus, the Do Education Team cannot be deemed a foreign military force. 2) The Do Education Team is added.