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(영문) 수원지방법원 2020.12.11 2020가단535534

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. B was killed in action in the 625 War on June 26, 1950.

B. At the time of the deceased’s death, the deceased’s bereaved family was the C’s spouse who completed the marriage report on October 5, 1946 and the Plaintiff, a child born D.

C. C: (a) around June 26, 1962, to the head of the Gangwon-do District Family Branch Office, the Military Aid Compensation Act (amended by Act No. 1230, Dec. 24, 1962; and (b) the Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State, Act No. 3742, Aug. 2, 1984 (hereinafter “former Act on Persons of Distinguished Service to the State”).

A) An application for registration of himself/herself and the Plaintiff as the bereaved family members of a soldier or policeman killed in action in the deceased’s line under Article 2 of the Addenda, Article 5(3)1, Article 5(4)1, 2, and Article 6 of the former Military Security Compensation Act (hereinafter “former Military Security Compensation Act”) was filed, and registered as the bereaved family members of a soldier or policeman killed in action in the deceased’s line B around that time.

On the other hand, on August 8, 1973, C married with E on the same day, and on August 29, 1973, the head of Gangseo-gu District Police Agency extinguished the rights of C as a bereaved family member of a soldier or policeman killed in action on the ground that C had reached the age of majority on October 10, 1968.

E. On March 7, 2019, the Plaintiff filed an application for registration with the head of the Gyeongginam Veterans Association as a bereaved family member of a person who rendered distinguished services to the State in the deceased B.

On April 11, 2019, the head of the Gyeonggi-nam Veterans Branch notified the Plaintiff that “the Plaintiff was re-registered as a bereaved family member of a soldier or policeman killed in action under Article 4(1)3 and Article 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”),” and paid allowances for children of soldiers or policemen killed in action (hereinafter “instant allowances”) under Article 16-3 of the Act on Persons, etc. of Distinguished Services to the State retroactively from March 2019, the month in which the filing date of registration falls.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. The plaintiff's assertion.