보훈급여금 등 과오급금 환수처분 취소 청?
1. On September 9, 2015, the Defendant rendered a disposition to recover veterans’ benefits to the bereaved family members of the persons of distinguished services to the national independence and the amount of excess payment to the Plaintiff.
1. Details of the disposition;
A. On March 1, 1963, the Government awarded the Order of Merit for National Foundation (the Head of Independent Order) to B (the 1903 Students B, the 1903 Persons B, the 1903 Persons B, the 1903 Persons B, the 1905 Persons B, the 1926 Persons B, the members of the 1926 members of the 1926 members of the 1926 members of the 1926 members of the 1926 members of the Japanese police.
B. The Plaintiff’s father D, who was a Daejeon, is an independent movement.
On March 10, 1952, the deceased (hereinafter “the deceased”), and on April 3, 1963, the Plaintiff’s mother, applied for the confirmation of the bereaved family of the deceased, and registered as the bereaved family of the persons of distinguished services to the national independence, and the Plaintiff’s mother died on January 6, 1970, the order of bereaved family was changed to the Plaintiff’s bereaved family. From that time, the Plaintiff received veterans’ benefits and expenses from the Defendant.
C. On August 17, 2015, the Defendant compared related data, including the following personal information, to the Plaintiff on August 17, 2015 after the deliberation of the Board of Patriots and Veterans Entitlement, the Plaintiff is not a child of the persons of distinguished services to the national independence, and thus, the Plaintiff is deemed not a child of the persons of distinguished services to the national independence under Article 5(1)2 of the Act on the Honorable
AB made it.
F GH I C CBD
D. On September 9, 2015, the Defendant issued a disposition to recover the veterans’ benefits of KRW 96,100,000 and KRW 1,250,000 for the persons of distinguished services to the national independence (hereinafter “instant restitution disposition”) to the Plaintiff pursuant to Article 35 of the former Act on Honorable Treatment of the Persons of Distinguished Services to the national independence (amended by Act No. 13607, Dec. 22, 2015; hereinafter “former Act on the Persons of Distinguished Services to the national independence”).
E. The Plaintiff filed an administrative appeal against the instant restitution disposition, but the said claim was dismissed on July 5, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1-1 through 4, 13-1, and 13-2, all pleadings.