국가유공자 및 보훈보상대상자 요건비해당결정취소
1. The plaintiff's request for taking over the lawsuit B is dismissed.
2. The instant lawsuit is filed on November 2, 2016 by the Plaintiff.
We examine ex officio.
According to the records, on July 17, 2012, the Plaintiff filed an application for registration of persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation on the ground that “the workplace cancer occurred while entering the Army and serving in the sixth Team C” with the Defendant on July 9, 2015, but received a disposition from the Defendant on July 9, 2015 that he/she does not meet the requirements for persons who have rendered distinguished services to the State and persons eligible for veteran’s compensation, and the Plaintiff filed the instant lawsuit seeking revocation of the said disposition, but died on November 2, 2016 while the lawsuit was pending, and the Plaintiff’s father B filed
A right to be registered as a person of distinguished service to the State and his/her bereaved family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act") and to receive various kinds of protections, such as educational protection, is a right recognized as a person who satisfies requirements prescribed by the Act and whose registration has
However, in order to promote the stabilization of livelihood and improvement of welfare by providing honorable treatment of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State as well as support for the military police, etc. equivalent to those who have rendered distinguished services to the State, their rights shall not be transferred or seized to others, and shall not be offered as security (Article 19 of the Act), and the scope and precedence of bereaved family members or families entitled to receive a pension shall be separately provided (Article 5 of the Act). In light of the above, the scope and precedence of bereaved family members entitled to a pension shall not be subject to inheritance (Articles 12 and 13
(see Supreme Court Decision 2010Du12262, Sept. 30, 2010). Accordingly, the instant lawsuit was terminated simultaneously with the Plaintiff’s death, and there is no room to be succeeded by the Plaintiff’s father B.
I would like to say.
If so, B, the plaintiff's taking over the lawsuit, takes over the lawsuit.