손해배상 등
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. Basic facts
A. The deceased J, the mother of the deceased I (hereinafter “the deceased”), died on January 23, 1995, and the designated parties are children and grandchildren of J.
B. After the Deceased entered the Republic of Korea on January 4, 1966, the Deceased was dispatched to Vietnam from April 10, 1966 to April 25, 196, from August 26, 196 to June 7, 1968, and died on August 24, 1968 after the time of discharge.
C. On April 26, 2016, the Plaintiff (Appointed) applied for registration of war veterans under Article 2(1)2 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “ War Veterans Act”), and the Deceased was registered as war veterans under the War Veterans Act on May 3, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including additional numbers), Eul evidence 1 and 2, the purport of the whole pleadings
2. The deceased’s summary of the cause of the action shall be the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State.
) Since Article 4(1)10 and Article 5(1)3 are subject to the application of the Act on Persons of Distinguished Services to the State, the J is a person eligible for veterans’ benefits, employment assistance, medical care, etc. under the Act on Persons of Distinguished Services to the State. However, due to the Defendant’s official’s negligence in performing his duties, the mother of the deceased did not receive honorable treatment and veterans’ benefits under the Act on Persons of Distinguished Services to the State, and thereby, the J and the Plaintiffs suffered from cardiopulmonary pain. As such, the Defendant is obligated to pay consolation money to the Plaintiff (the appointed party, the appointed party, B, and C), a sibling of the deceased, the sibling of the deceased, D, E, F, G, and H, each of which is KRW 1,00,00,00 for consolation money.
3. We examine whether the deceased is subject to honorable treatment under the Act on Persons of Distinguished Services to the State.
Article 4 (1) 10 of the Act on Persons of Distinguished Services to the State shall include war veterans in the Act on Persons of Distinguished Services to the State.