logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2019.08.28 2019누1327
참전유공자등록거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the part that the defendant emphasized or claimed in addition to the above '2. Additional Judgment', and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

(A) The deceased's bereaved family members, and G, K, and C, who are the deceased's bereaved family members, can be recognized as credibility in light of the body or consistency of the statements made by the deceased, and in light of the testimony of Q of the first instance trial, D appears to have worked as a worker in Jeju-do at the time of the Korean War, and the deceased's knowledge of D was merely due to his/her work as a worker in Jeju-do at the time of the Korean War of June 25, 200, and other materials inconsistent therewith were not submitted. In light of these circumstances and relevant laws and regulations, the first instance court's findings of fact and its determination are justifiable).

A. It is difficult to specify whether the unit first belonging to the Deceased’s summary of the Defendant’s assertion is any unit of Yangyang of Gangwon-do and any unit belonging after January 1, 1951.

In addition, the labor unit after June 1951 was operated only in the vicinity of 38 lines in which combat with North Korean forces were punished. Since September 1951, there was no accommodation in Jeju-do, and after January 1, 1951, the first training center was established in the Maspo, which was established in the Maspo, but it was not a combat unit, and the form of service of the deceased claimed by the plaintiff is inconsistent with the records related to the June 25 war and the form of service of the deceased.

In addition, it is inconsistent with the record at the time when the deceased was assigned to a public house in Masna, but the deceased's assertion that he worked for a total of 2 years and 8 months after June 1951, the period of mandatory service of the draft labor worker in the military unit operated by the National Armed Forces was 6 months, and 1 and 2 times extended according to circumstances.

Therefore, the deceased is a worker in the Korean War.

arrow