1. The plaintiff's claim is dismissed.

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

1. On July 10, 2012, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State on the ground that the Plaintiff’s father B (hereinafter “the deceased”) participated in the Gongbol in the Korean War and was arrested and killed for the enemy.

On December 6, 2012, the Defendant rendered a decision to deny the registration of a person who has rendered distinguished services to the State (hereinafter “instant disposition”) on the ground that it is difficult to recognize that the deceased died in combat action or during a similar action.

[Reasons for Recognition] Gap 1 to 3, Eul 1 to 5

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was killed in the People’s Forces while performing public security activities and anti-presidential operations as the volunteer police at the time of the Korean War. As such, it constitutes a soldier or policeman killed in action under Article 4(1)3 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.

Therefore, the instant disposition taken on a different premise is unlawful.

(b) The attached Form of relevant statutes is as follows.

(c) In the case of a person, other than a soldier or police officer, a person mobilized, a member of a young men's association, a local defense force, a fire fighter, a volunteer fire fighter, a student soldier or member of any other patriotic organization mobilized pursuant to the Mobilization of Labor Force in Time of War Act (Act No. 5846 of February 8, 199), a person who was mobilized, mobilized, or employed for combat action or other similar action under the head of a military unit or a police agency, and died in combat action or in the course of performing his/her duties corresponding thereto, may receive honorable treatment corresponding to a soldier or policeman killed

(Article 4(1)3 and Article 74(1)3 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, Article 94-4(2) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State, the entry and video of the evidence Nos. 1 through 3, 6-1 through 10, B, 4, 6, and 7, and some testimonys by the witness C, the deceased participated in the public security activities on the surface of the Korean War, and the deceased participates in the public security activities on the surface of the Korean War, after the outbreak of the Korean War.