1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff’s father B (hereinafter “the deceased”) joined the Gun on July 1, 1950 and discharged on May 31, 1973.

From February 1, 1971 to November 27, 1971, the Deceased participated in Vietnam War, and was registered as a person of distinguished service to the State on November 6, 2017.

B. On November 6, 2017, the Plaintiff requested the Defendant to bury the Deceased in the Daejeon National Cemetery (hereinafter “National Cemetery”).

C. As a result of the verification of the military register for the examination of the eligibility for laying to rest in a national cemetery, the Defendant confirmed that the deceased was deprived of his/her military service on November 28, 1953, left away on December 13, 1953, and returned simultaneously on April 15, 1954, and requested a deliberation committee on the eligibility for laying to rest in a national cemetery (hereinafter referred to as the “Deliberation Committee”) to determine whether the deceased was detrimental to the honor of national cemeteries under Article 5 (4) 5 of the Act on the Establishment and Operation of National Cemeteries (hereinafter referred to as the “National Cemetery Act”). On December 22, 2017, the deliberation committee held on the eligibility for laying to rest in a national cemetery on December 26, 2017, the Defendant decided and decided that the deceased was ineligible for laying to rest in the national cemetery on December 26, 2017.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1, Eul evidence 1 to 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The records of the deceased’s military register were kept. However, while the deceased was wounded due to a vehicle accident during the military service period, and was arrested by mistake as a sloping soldier during the military hospital’s order, there is insufficient credibility of the sloping records based on the instant disposition. 2) The deceased is a long-term soldier discharged from military service who served for more than 20 years, and a war veteran who participated in the Korean War and Vietnam War, even in consideration of the exclusion period from military service due to sloping on military register records.