The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On December 17, 1950, the Plaintiff’s father B (hereinafter “the deceased”) entered the Army and participated in the Korean War, and was discharged from the military service on July 15, 1954, and died on August 2, 2018.

The defendant supplied aggregate to C, received 2 million won under the pretext of intermediate payments and 1.5 million won under the pretext of intermediate payments, and again received 1 million won under the pretext of intermediate payments, and issued and delivered a receipt for it.

Nevertheless, for the purpose of criminal punishment of the above C, the Defendant prepared a false complaint stating that “A person who prepared and presented a receipt of one million won in the name of the Defendant in spite of the fact that C had not received the above one million won from C, thereby forging and exercising a private document,” and submitted it to the Nowon Police Station on June 27, 1979, thereby making it impossible for C to do so.

B. On June 26, 1980, the Deceased was sentenced to a suspended sentence of two years in the period of eight months of imprisonment with prison labor for a false accusation in the Yeongdeungpo Branch of the Seoul District Court, and the above judgment became final and conclusive. The summary of the crime is as follows.

C. On October 28, 2019, the Plaintiff applied to the Defendant for the burial of the Deceased to the National Cemetery in accordance with Article 11(1) of the Act on the Establishment and Operation of National Cemeteries (hereinafter “National Cemetery Act”).

On May 18, 2020, the Defendant deliberated and resolved on May 18, 202 by the National Cemetery Merit Deliberation Committee (hereinafter “Deliberation Committee”) as falling under Article 5(4)5 of the National Cemetery Act (a person recognized as impairing the honor of national cemeteries) with respect to which the deceased’s imprisonment without prison labor or heavier punishment was declared final and conclusive. The Defendant rendered a decision that a national cemetery would be ineligible for burial (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that he was punished as a crime of incompetence is punished.