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(영문) 대전지방법원 2015.05.15 2014구단1463
국가유공자요건비해당결정취소
Text

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

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

Reasons

1. Details of the disposition;

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

The Plaintiff filed an application for registration with the Defendant on the ground that “The Deceased, who is the Cmiddle School principal, was arrested by the People’s Group, and was killed on September 28, 1950, on the side of Seogsan’s piracy.”

B. On August 22, 2014, the Defendant rendered a disposition against the Plaintiff on the ground that “The record that the deceased served as the principal of the school on December 8, 1949 to October 2, 1950, is verifiable, 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 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Deceased asserted by the Plaintiff was a public official who was arrested by the People’s Group and was arrested by the People’s Group to take care of a school even after the People’s Group entered the military’s body.

After that, on September 28, 1950, the Deceased was killed by the People's Group and the members of the same group on the side of the Seogsan Yang-si.

As the deceased constitutes a public official who died on duty, the instant disposition is unlawful.

B. 1) The Deceased served as the deputy principal of a public Cmiddle School on November 15, 1946 to December 7, 1948, and served as the principal of a public Cmiddle School from December 8, 1949. 2) The police station in Taeanan Police Station retired on July 12, 1950 at the time of June 25 War, while serving as the deputy principal of a public Cmiddle School, the police station in Taean Police Station moved back to the post facto retirement operation of the Armed Forces, the United States Armed Forces, and the United States Armed Forces on October 9, 1950 at the time of the 6.25 War, and a part of the selection was promoted along with the United States Armed Forces on October 9, 1950.

3 The Committee for the Settlement of Truth and Reconciliation for Truth and Reconciliation shall be the same as the "Committee" September 15, 2009.

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