보훈급여금지급비대상결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 25, 2016, the Plaintiff was registered as the grandchildren of a deceased person who is a person of distinguished services to the national independence (hereinafter “senior”), and was registered as the bereaved family of the person of distinguished services to the national independence.
B. On January 25, 2017, the Defendant decided to pay the bereaved family's benefits to the person of distinguished services to the national independence pursuant to Articles 5 and 12 of the Act on Honorable Treatment, etc. of Persons of Distinguished Services to the national independence and Article 5-2 of the Enforcement Decree of the same Act (hereinafter "the instant disposition"). On March 9, 2017, the Defendant decided to pay the bereaved family's benefits to the person of distinguished services to the national independence who overlaps with the next lowest income bracket under the National Basic Living Security Act and the recipient of the basic pension under the Basic Pension Act among the grandchildren of the deceased.
C. On March 7, 2017, the Plaintiff filed an administrative appeal against the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 21, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, 9, 10 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant disposition should be revoked on the grounds that the Plaintiff’s assertion is unlawful.
1) The instant disposition stated only “Articles 5 and 12 of the Act on Honorable Treatment, etc. of Persons of Distinguished Service to Independence, and Article 5-2 of the Enforcement Decree of the same Act,” which is the ground for the instant disposition, and did not present specific grounds for the disposition. This is a violation of Article 23(1) of the Administrative Procedures Act. 2) The Plaintiff mainly supported a deceased person who is a person of distinguished service to the national independence, and was a recipient of basic pension as at the time of the instant disposition, which fell under the requirements for the next lowest income bracket as at the time of the instant disposition, but was not registered as the next lowest income bracket. The instant disposition was registered as the next lowest income bracket on April 21, 2017 upon filing an application with the competent Dong office on March 17, 2017. The Defendant received the written consent from the Plaintiff prior to the instant disposition and received the written consent from