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(영문) 인천지방법원 2015.09.08 2015구단50440
공상군경요건비해당처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 18, 1952, the deceased’s spouse B (hereinafter “the deceased”) entered the Army and participated in the Korean War, and died on January 16, 1984 after he was discharged from military service on December 29, 1954.

B. On October 4, 2012, the Plaintiff filed an application for registration of a person of distinguished service to the State, alleging that he/she was discharged from military service by suffering from the wounds of “the cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage

C. On January 30, 2013, the Defendant: (a) was discharged from military service for only four months after the Deceased’s entering the military; (b) was diagnosed as an obligatory soldier for a life controlled for 24 hours; and (c) was not verified as evidence to prove that the instant injury directly caused the performance of duties or education and training directly related to national security, etc.; (d) did not meet the requirements prescribed in Article 4(1)6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Services to the State”); (b) did not meet the requirements prescribed in Article 2(1)2 of the Act on the Support for Persons of Distinguished Services to the State, etc. for Persons of Distinguished Services to the State (hereinafter “the first disposition”).

The plaintiff was dissatisfied with the initial disposition and filed an administrative appeal, but was dismissed on November 19, 2013.

E. On May 26, 2014, the Plaintiff again filed an application for registration of a person who rendered distinguished services to the deceased on the ground that the injury in the instant case occurred directly due to the performance of duties or education and training directly related to the protection of the national defense and security, or the protection of the people’s lives and property. However, the Defendant is the Board of Patriots and Veterans Entitlement on March 16, 2015.

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