보훈급여금 지급대상자 재지정 처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) died after August 15, 1945 as the persons of distinguished services to the national independence.
On July 2, 2001, the deceased’s father C applied for the registration of the deceased as a person of distinguished services to the national independence and then the deceased was registered as a person of distinguished services to the national independence at that time, and all the deceased’s children were dead.
B. Article 12(2) of the former Act on the Honorable Treatment of Persons of Distinguished Services to Independence (amended by Act No. 12668, May 21, 2014) was amended on May 21, 2014. In the event a person of distinguished services to national independence who died after August 15, 1945 and died to all his/her children at the time of registration, the amendment was made to pay compensation to one grandchild. On January 9, 2015, the Defendant announced his/her grandchildren, including the Plaintiff, to submit the amended statutes and the application documents related to the designation of a person eligible for veteran’s benefits.
C. Since then, when a written agreement was submitted to the Defendant that designates the Plaintiff as the beneficiary of veterans' benefits in the name of the deceased’s grandchildren, including the Plaintiff, on September 11, 2015, the Defendant notified the Defendant of the “inform about the determination of the beneficiary of veterans’ benefits” (hereinafter “the first decision”) with the content that the Plaintiff determined as the beneficiary of veterans’ benefits pursuant to the proviso to Article 12(2) of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence (hereinafter “Act on the Honorable Treatment of Persons of Distinguished Service”) and Article 5-2(2) of the former Enforcement Decree of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence (amended by Presidential Decree No. 26683, Nov. 30, 2015).
On October 6, 2015, D, a grandchild of the deceased, submitted a written objection to the first decision of this case to the Defendant on October 6, 2015, and the Defendant accepted D’s objection on the ground that it did not reach an agreement among the grandchildren of the deceased, and suspended the decision of the recipient of the veterans’ benefits.
E. Thereafter, the Defendant, including the Plaintiff, did not reach an agreement among the grandchildren of the Deceased on February 21, 2017.