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(영문) 대전고등법원 2015.11.26 2015누11705
국가유공자요건비해당결정취소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant rendered distinguished services to the State to the plaintiff on August 22, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff is the deceased B (hereinafter “the deceased”).

The Plaintiff filed for registration with the Defendant on the ground that “The Deceased, the principal of Cmiddle School, was dead at the time of the Korean War, and was arrested to the People’s Forces, and was killed on September 28, 1950, in the Seogsan Yang.”

B. On August 22, 2014, the Defendant issued to the Plaintiff a disposition equivalent to the requirements for persons who have rendered distinguished service to the State and persons eligible for veteran’s compensation (hereinafter collectively referred to as “instant disposition”), on the ground that “The record that the deceased served as the principal of Cmiddle School from December 8, 1949 to October 2, 1950 is confirmed, but no objective supporting material may be verified that the deceased died during the performance of duties or education and training directly related to the protection of people’s lives and property, or during the performance of duties or education and training not directly related to the protection of people’s lives and property.”

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of June 25, 1950, the Deceased asserted by the Plaintiff was a public educational official at the time of the Korean War, who was arrested by the People’s Group and was killed by the People’s Group in Seosan as a public educational official, and was arrested by the People’s Group to take care of the school. On September 28, 1950, the Deceased was killed by the People’s Group and the Dong group.

Therefore, the instant disposition that did not recognize the deceased as a public official who died on duty is unlawful.

(b) The entry in the relevant laws and regulations are as shown in the attached hereto;

C. (1) Determination is based on the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State and the Act on Support for Persons Eligible for Veteran’s Compensation.

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