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(영문) 서울고등법원 2017.06.15 2016누58439
군인연금급여심의회의 심의불회부처분 취소
Text

1. On the ground of the Plaintiff’s primary claim added at the trial, the Defendant limited to the Plaintiff on July 31, 2015.

Reasons

Details of the disposition

On September 30, 1963, B entered Vietnam on August 31, 1964, during military service, served in D on August 31, 1964 at the construction support group of the Korea Military Command (B), which was promoted on October 1, 1965. After completing the service period of two years, he was planned to discharge from military service on September 30, 1966.

B was sent out on September 9, 1966 as a co-ordinist, and was missing without returning to the military unit, and North Korea’s Pyeongtaek Broadcasting was made a broadcast report on the fact that B voluntarily returned to the military unit on March 27, 1967.

The Republic of Korea, on May 25, 1994, went missing on March 22, 1967, and dealt with B as North Korea by confirmation of safe contributions.

On July 27, 200, “The Ministry of National Defense announced the news report data of the Ministry of National Defense, and revised them on the basis of the results of the verification of military records on July 27, 200, and announced the report data of the Ministry of National Defense that “The stay in North Korea is presumed to be staying in North Korea (on September 9, 1966 through TV).” On April 13, 2007, the Ministry of National Defense reviewed the report data of the Ministry of National Defense that “The persons who were missing in the Vietnam War were four persons, who were staying in North Korea on September 9, 196 and were staying in North Korea (the verification of the content of TV broadcasting, testimony, and leafleted

The Republic of Korea, upon the Plaintiff’s continuous filing of a civil petition, investigated B’s monthly North Korea through the Vietnam-An on-site investigation by the Government Joint Investigation Team around November 2008. On April 28, 2009, upon deliberation by the Committee on Victims to North Korea, recognized B as “North Korea,” not “North Korea.”

On May 7, 2009, the Republic of Korea corrected the military register on May 7, 2009 as “unexploiting and staying in North Korea” from the “Exploiting and staying in North Korea. On July 1, 2009, the ROKAF prisoners Countermeasure Committee decided on July 1, 2009 to manage B as “preploiting ROKAF prisoners.” On August 28, 2009, the ROKAF prisoners’ presumeders of ROKAF prisoners were changed into the terms “FF prisoners of war,” and on October 28, 2009, the ROKAF prisoners’ death at the Preploiting Deliberative Committee on Death before the Army Headquarters as “preploiting death.”

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