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(영문) 인천지방법원 2015.12.22 2015구단650

국가유공자유족보상금수급자비대상결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 25, 1985, the deceased person of distinguished services to the national independence (hereinafter “the deceased”) died. After the deceased’s death, C, who was registered as a bereaved family member of the persons of distinguished services to the national independence and was given honorable treatment under the Act on the Honorable Treatment of Persons of Distinguished Services to the national independence (hereinafter “Act”), and died on November 6, 201.

B. Accordingly, pursuant to Article 12(4)1 of the Act, the Defendant provided guidance on the change of the order of bereaved family members of the persons of distinguished services to the national independence to E, who is the highest three South Korean children among the deceased’s children, as the deceased’s two South Korean children are missing.

C. On August 29, 2013, the Plaintiff, five South Korea, asserted that the Plaintiff primarily supported the Deceased and reported changes in the status under Article 5 of the Enforcement Decree of the Act.

The Defendant determined the Plaintiff on March 12, 2014, following the deliberation and resolution of the Board of Patriots and Veterans Entitlement on the ground that it is difficult to deem the Plaintiff mainly supported the Deceased in light of the results of the fact-finding survey conducted by the deceased until the deceased was registered as a person of distinguished services to the national independence and the change of residence of the deceased and the Plaintiff’s residence on the resident registration card.

(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, Gap 5, Eul 1, and 2, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff supported the Deceased in the “F at the time of debate” before the Deceased’s claimant’s transfer to Canada, and that the deceased’s relics are also kept until now, the Plaintiff should have mainly supported the Deceased, but the disposition of this case by the Defendant was unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 12(2) of the Act, where a person of distinguished services to national independence dies, one person of the first priority among his/her bereaved family members has been paid the compensation, and two persons of the same priority among the bereaved family members entitled to the compensation pursuant to Article 12(4)1 of the Act.