보훈급여금 일부 부지급처분 취소
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”) is a soldier or policeman killed in action in the War on December 16, 1950 and killed in action on April 27, 1951, and the plaintiff is the south of the deceased.
B. On August 28, 1961, the Plaintiff was registered as a bereaved family member of a soldier or policeman killed in action under the Military Protection Act (amended by Act No. 758 of Nov. 1, 1961) and the Military Aid Compensation Act (amended by Act No. 758 of Nov. 1, 1961, and repealed by Act No. 3742 of Aug. 2, 1984), and received pension, and the Plaintiff reached the age of majority on January 2, 1971, the head of the Jinju District Office dealt with the Plaintiff ex officio on the ground that “the Plaintiff became extinct as a person eligible for assistance” on February 18, 1971.
C. After that, the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”) was amended by Act No. 6339 on December 30, 200, to ensure that allowances for children of soldiers and police officers killed in the Korean War shall be paid to the Defendant on May 25, 2017. Accordingly, the Plaintiff was determined as bereaved family members of the persons of distinguished services to the State by filing an application for registration of bereaved family members of the persons of distinguished services to the State with the Defendant on December 30
On June 21, 2017, the Defendant issued a notice to the Plaintiff, from May 201, 2017, to the effect that allowances for children of soldiers and police officers killed in the Korean War would be paid (hereinafter “instant notice”). The notice was served on the Plaintiff on June 26, 2017.
The Plaintiff filed a civil petition with the Defendant for the payment of child allowances before May 2017 through the National Examination. The Defendant, on October 16, 2017, limited the bereaved family members of a soldier or policeman killed in action under the Military Employees Compensation Act to minors, and pursuant to Article 21 of the Military Aid Benefits Act (Enforcement Act No. 2027, Jul. 10, 1968; hereinafter the same), when the requirements as bereaved family members have ceased to exist.
Accordingly, on January 2, 1971, the plaintiff was treated as extinction of rights upon arrival of majority, and Article 9 of the Act on Persons of Distinguished Services to the State belongs to the date of application for registration.