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(영문) 춘천지방법원 2019.10.01 2019구합50845
참전유공자 등록거부처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 18, 2018, the Plaintiff: (a) forced the United Nations police from June 1951 to early January 1953, 1951, led the Defendant to apply for registration of war veterans on the following occasions: (b) “The Plaintiff: (c) the Defendant had been forced to attract the wounded at the stage of the third group of the U.S. forces from June 1951 to early January 1953; and (d) managed the tent accommodation in the U.S. military

(hereinafter referred to as the “instant application”). (b)

In accordance with Article 5 (2) of the Enforcement Decree of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter referred to as the " War Veterans Act"), the defendant requested the Minister of National Defense to verify the plaintiff's participation in war on May 18, 2018.

- The subjects stated that they participated in the Stage of the 3rd century from June 1951 to March 1953. - The details of the statements of the subjects are different from those of the war history, and the contents of the guarantor's statements are also different from those of the war history, and credibility is insufficient. - The statements of the subjects are difficult to confirm as fact.

On July 16, 2018, the Minister of National Defense notified the defendant that the plaintiff's participation was not confirmed due to the following reasons:

The defendant shall apply to the plaintiff on July 17, 2018.

The government rejected the application for registration of war veterans by citing the notification of the paragraph.

hereinafter referred to as "disposition of this case"

E) On September 6, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s claim on December 21, 2018. The Plaintiff’s ground for recognition was without dispute, and the purport of the entire pleadings and arguments.

2. The assertion and judgment

A. The Plaintiff’s assertion was unlawful since it participated in the Korean War as the content of the instant application.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1: Article 2 Subparag. 2d of the War Veterans Act

Title includes a juvenile volunteer soldier who served in the Korean War without having served in the military.

Korea's facts or Vietnam War.

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