군인사망보상금 지급 비대상 결정 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The Plaintiff was born on a F date between the deceased B (CB, hereinafter referred to as “the deceased”) and D (E) a de facto marriage.
On December 19, 1950, the deceased was killed on January 1, 1951 while on duty after entering the Army and serving as a volunteer.
The Plaintiff used the deceased’s deceased’s deceased’s father’s family register as it is, and confirmed on March 27, 2008, that “the deceased is the deceased’s father,” and accordingly, corrected the deceased’s deceased’s father as his father.
On July 10, 2009, the Plaintiff was registered as bereaved family members of soldiers and policemen who have rendered distinguished services to the Defendant on the application for registration, and received the bereaved family benefits of soldiers and policemen who were killed in action since that time.
On July 14, 2017, the Plaintiff applied for payment of compensation for death of military personnel to the Defendant on the ground that the five-year extinctive prescription has elapsed from the date on which the cause for payment occurred on August 2, 2017.
(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case is difficult to ascertain whether the Plaintiff died without gross negligence during the performance of military duty and the Plaintiff’s claim for compensation for death of the soldier was made. The Plaintiff and D did not receive any guidance on the claim for compensation for death of the soldier even at the time of applying for registration of a person of distinguished service to the State. As the Plaintiff and D did not receive any guidance on the claim for compensation for death of the soldier, extinctive prescription does not run.
Even if the statute of limitations has expired,
Even if the defendant refuses to pay compensation for death for military personnel, it constitutes abuse of rights.
Article 1 of the Regulations on the Death Benefits for Military Personnel (amended by Presidential Decree No. 1086 of Sept. 2, 1955) Article 1 of the relevant Act and subordinate statutes and Article 1 of the Military Personnel's Death Benefits (amended by Presidential Decree No. 1086 of Sep. 2, 195) shall apply where