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(영문) 광주지방법원 2015.11.19 2014구단10519

보훈보상대상자 선순위유족비해당결정처분

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 December 1, 2008, the Plaintiff’s ASEAN (hereinafter “the deceased”) entered on December 1, 2008, and died on October 10, 2009 due to the occurrence of malicious species while serving in the military, and was decided by the Board of Patriots and Veterans Entitlement as falling under the category of disaster death and death in June 4, 2013.

B. The non-party C and the Plaintiff, the father of the deceased, claimed that each of their respective “the deceased was the person who mainly supported or nurtured the deceased,” and accordingly, the Defendant’s compensation division requested the Chairperson of the Merit Reward Judgment Board to deliberate on “the deceased mainly supported or nurtured the deceased,” ex officio on July 16, 2013, and the Merit Reward Board decided on December 5, 2013 to the effect that “the above C and the Plaintiff shall not be deemed to have supported or nurture the deceased mainly,” and on December 20, 2013, the Defendant rendered a senior decision on bereaved family members of the person eligible for veteran’s compensation who determined the above C and the Plaintiff as a senior bereaved family member (hereinafter “instant disposition”).

[Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① while the Plaintiff was married with the above C, the Plaintiff divorced on August 3, 200 due to the assault by the above C, etc., and at the time of divorce, the person with parental authority and the career of the Deceased was sought to be divorced, but did not do so.

② After that, the deceased did not look back without leaving the deceased at the underground banks of Songpa-gu Seoul, Songpa-gu, Seoul while getting off the work at Jeon Nam-gu, and living together with his school.

③ Therefore, the Plaintiff created a foundation to the Deceased, caused a brue and urine, and paid insurance premiums and installment payments for the Deceased, etc., as well as for each share of money. The Plaintiff supported and raised the Deceased, such as reimbursement by the Plaintiff.

4. As such,