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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant disposition
A. On February 15, 1950, the deceased B (C life, hereinafter “the deceased”) participated in the Korean War on the 6.25 Republic of Korea, and then was awarded a special special special consolation on September 5, 1951, by suffering from the 6.25 Republic of Korea War on the right-hand side (hereinafter “instant wounds”). On September 15, 1951, he was discharged from active service on September 15, 1951, but died on September 12, 1983.
B. On September 5, 2012, the Plaintiff, as the deceased’s spouse, filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the State by asserting that the deceased sustained “bucks bucks and bucks sucks bucks in battles,” and the Defendant determined the deceased as falling under the former part of Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State on December 2, 2012, and determined that the deceased fell under the former part of Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State in writing at the Central Veterans Hospital on January 30, 2013 and the reexamination on May 29, 2013.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Eul 1 through 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made to the extent that he could not walk normally even after he was awarded a special driving force, and in light of the following circumstances, the Defendant’s disposition based on the premise that the degree of injury of the deceased is class 7 is illegal.
1) The Defendant issued the instant disposition on the premise that the deceased was on a special consolation basis due to the instant wound, on the premise that the deceased was on a special consolation basis, but the Plaintiff was missing on May 18, 1951 and returned to May 24, 1951, and thus, the instant wound was not related to the special consolation line and the honorary consolation line. 2) According to the former wounded class that was enforced at the time of the deceased’s being granted a special consolation line, the wounded captain was injured while performing official duties necessary for combat or military operations.