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(영문) 서울행정법원 2017.02.09 2016구합71676

보상금증액 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

B, on July 12, 1966, died while performing a special mission provided for in the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Specialized Employment Compensation Act”).

(B) On the other hand, C married with D and formed the Plaintiff, the Deceased, and E, and C died on July 10, 1950, and C inherited the deceased’s property solely.

Since then, C maintained de facto marital relationship with F and H as their children.

C Deceased on October 18, 1974, but the death report was made on December 6, 1978 (hereinafter “the deceased C”). The marriage report was completed on May 23, 1977 by the deceased C and F on May 23, 197, which was before the death report, and the birth report was completed on G and H with the father as the father, and the mother of F on the same day as the deceased.

E died in an unmarried state without any child in 199.

On August 16, 2013, the Plaintiff, a arbitr of the Deceased, filed a lawsuit against F seeking nullity of marriage against F, and received a favorable judgment on the ground that the above report of marriage was made after C died of the Seoul Family Court, and constitutes a case where there is no agreement of marriage. This judgment became final and conclusive on September 6, 2013.

(Seoul Family Court Decision 2012ddan10198). In addition, the Plaintiff brought an action against G and H seeking confirmation that there is no parental relation between G and H around 2013. However, when considering the results of genetic testing, etc., the Plaintiff was affirmed by a judgment against the Plaintiff on the ground that there is a natural relation between G and H and the network C.

(Seoul Family Court (Seoul Family Court, 2013Ddan307431, Seoul Family Court, 2014Reuu30842, and 2015Meu9156). On August 9, 2011, the Plaintiff filed an application for the payment of compensation under the Act on Special Child Compensation with the Compensation Deliberation Committee for Persons who Performed Special Military Missions (hereinafter “instant Compensation Committee”).

With regard to this, the instant compensatory committee shall be the Plaintiff, G, and H on June 28, 2016, according to the contents of the said final judgment.