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(영문) 서울행정법원 2013.11.28 2012구합15586
특수임무수행자비해당결정처분취소
Text

1. On October 25, 201, the Defendant’s disposition of non-existence of a person who performed a special military mission against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. In around 1952, the Plaintiff filed an application for payment of compensation under Article 10 of the Act on the Compensation for Persons who performed Special Military missions (hereinafter “Act”) with the Defendant, asserting that the Plaintiff belonged to the educational unit for the system of education, etc. and received education on the special mission.

B. On October 25, 2011, the Defendant rendered a decision on the non-existence of a person who performed a special military mission against the Plaintiff (hereinafter “instant disposition”) by applying Article 2(1)2 of the Act and Article 2 of the Enforcement Decree of the Act, on the ground that the Plaintiff’s training team, etc. asserted that the Plaintiff performed a special duty is identified as the unit of the 6006 unit of the Antarctic Air Force (Article 604 unit of the 606 unit; hereinafter “606 unit”).

[Ground of recognition] Unsatisfy, Gap evidence 7 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Ministry Education Team, which received education on the special duties, etc. around 1952 by the Plaintiff, is not a unit belonging to the Republic of Korea Air Force, nor a unit belonging to the eukdong Air Force Article 6006 unit.

The instant disposition is unlawful on a different premise.

(b) Article 2 (Definition of the Act on the Compensation for Persons who performed Special Military Missions) (1) The definitions of terms used in this Act are as follows:

1. The term "special military mission" means activities for the purpose of collecting information about specific matters in a specific form, which require an extraordinary sacrifice to the nation;

2. The term "person who performed a special military mission" refers to a person who performed a special military mission or received education and training related thereto for a period specified by Presidential Decree between August 15, 1948 and December 31, 2002 and who is recognized as a person who performed a special military mission pursuant to Article 4 (2) 1;

(2) Necessary matters concerning the judgment and application period of persons who performed special military missions shall be prescribed by Presidential Decree.

. Persons who performed special military missions;

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