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(영문) 청주지방법원 2019.03.21 2018구합444
참전유공자등록거부처분취소
Text

1. The Defendant’s disposition to deny the registration of war veterans against the Plaintiff on June 1, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 19, 2016, the Plaintiff filed an application for registration of war veterans against the deceased (hereinafter “instant application”) with the Defendant on the ground that the deceased participated in the war from October 1950 to August 1953 in the 625 War.

B. On the same day, the Plaintiff filed an application with the Minister of National Defense for confirmation of the deceased’s participation in the Korean War (hereinafter “application for confirmation of the participation in the War”). Accordingly, pursuant to Article 3(2)2 of the Army Chief of Staff’s Work Directive, an examining authority verifying the participation in the instant application is the Army.

On December 20, 2016, the Plaintiff notified the Plaintiff to the effect that “The Plaintiff would supplement additional materials (personal guarantee) to review, given that the statement via personal guarantor alone is restricted in determining the situation of the deceased’s participation.”

C. On January 24, 2017, the Plaintiff submitted to the Army Chief of Staff a certificate of the deceased’s participation (No. 3-1), and C’s letter of personal guarantee (No. 3-2) residing in the village, such as the deceased. At the time of 625 war, the Plaintiff and the deceased were in the network D (the deceased on May 8, 1983) with the phone number of Jeju-do head E and the “the deceased visited the mother port with the deceased on the part of the deceased’s children before the deceased’s death” were submitted. D’s remaining phone number (No. 3-3) of the deceased’s remaining F phone number (the evidence No. 3-3).

On May 25, 2017, the Minister of National Defense notified the Defendant that there was no participation in the War of the Deceased on the ground that “the recognition of the fact of participation is restricted because the applicant or guarantor’s statement is insufficient.”

E. On June 1, 2017, the Defendant did not confirm the fact of having participated in the war to verify the fact of having entered the war in relation to an application for registration of the deceased war veterans.

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