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(영문) 전주지방법원 2017.05.24 2016구단544
국가유공자요건비해당결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 8, 1953, the military register records kept by the Army Headquarters and the Military Manpower Administration, the Plaintiff was granted a military service B from the first new military service unit located in Gunsan pursuant to Article 273 of the Special Order No. 273 on August 8, 1953, and was transferred to the second military training center located in Gunsan with the visitors who entered the military service C through D, and was discharged on November 20, 1957.

B. The Plaintiff filed an application for registration of war veterans, but on May 16, 2016, the Defendant rendered a decision to dismiss the application by the Plaintiff on the ground that the Plaintiff was not confirmed as having participated in the Korean War or Vietnam War (hereinafter “instant disposition”).

[Reasons for Recognition] The facts without dispute, Gap evidence 1, Gap evidence 3-1, Gap evidence 4, Eul evidence 1, the former North Korean military manpower office, the results of fact inquiry into the Army Chief of Staff, and the purport of the whole pleadings.

2. Determination on the legitimacy of the disposition

A. The plaintiff asserted that the plaintiff received a draft of conscription ordering the enlistment on July 19, 1953, and accordingly entered the first draft of conscription at the Central Elementary School in the Gunsan on July 19, 1953, and entered the first draft of conscription on July 19, 1953, and entered the second draft of conscription on August 8, 1953, while conducting basic training for about twenty (20) days at the above unit, the plaintiff was admitted to the second draft of Seosan under the special name of the above unit as of August 8, 1953, and was actually admitted to the training center for Seosan. Thus, the actual entrance date is July 19, 1953.

Therefore, even though the plaintiff is deemed to be a war veterans, the disposition of this case to be judged differently should be revoked as unlawful.

B. The meaning of the terms used in this Act is as follows, Article 2 (Definitions) of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “ War Veterans Act”).

1. The term "Korean War" means combat engagements occurred between June 25, 1950 and July 27, 1953, and combats specified in attached Table among battles that occurred between August 15, 1948 and June 30, 1955;

2. The term "war veterans" means any of the following persons:

(Ma) (Sengb omitted).

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