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(영문) 창원지방법원 2017.05.30 2017구단10037
국가유공자요건비해당결정취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On April 18, 2016, the Plaintiff filed an application with the Defendant for registration of the deceased as a person of distinguished service to the State by asserting that the deceased’s father B (C birth, death on September 2, 2002, hereinafter “the deceased”) entered the Gun around August 1950, the Plaintiff’s father, and that the deceased was incurred in the entire phase and the part of the right clothes in combat action during the Korean War, and both proposals (hereinafter “instant wounds”).

On November 8, 2016, the Defendant issued a disposition that did not constitute a soldier or policeman under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc.”) and did not meet the requirements for soldier or policeman wounded in action or soldier or policeman wounded in action under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc.”) and does not constitute a soldier or policeman wounded in action or soldier or policeman wounded in action (hereinafter “instant disposition”).

[Grounds for recognition] The entry of evidence Nos. 4 and 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the deceased participated in the Korean War as a soldier on September 1950 and died from the instant wounds in the Daegu Gongsan Mu-do and thereafter thereafter, it constitutes a person of distinguished service to the State Act on Persons of Distinguished Service to the State. Even if it is not so, the injury of the deceased constitutes a person of distinguished service to the State, and thus constitutes a person, police officer, etc. under the Patriots and Veterans Compensation Act

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In order for the deceased to be subject to the requirements of the Act on Persons of Distinguished Services to the State or the requirements of the Act on Persons of Distinguished Services to the State as a soldier or policeman, or to be subject to the requirements of the Act on Persons of Distinguished Services to the State as a soldier or policeman, the deceased suffered the instant wounds during combat or in the performance of duties corresponding to them

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