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(영문) 광주지방법원 2015.01.29 2014구합10950

보상금청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B’s application for the registration of bereaved family members of persons who rendered distinguished services to the State (hereinafter “the deceased”) died on November 4, 194 as a person who resisted against Japan for an independent movement, and received the Order of Merit of the State on August 15, 1990.

When the deceased’s spouse D, South Korea F, South Korea E, and South-Nam, the head of Australia, died in all, F, and F, the two South and North Korean descendants of the deceased, on September 13, 1990, the South Korean veterans branch office (hereinafter “former Act on Persons of Distinguished Services to the State”) filed an application for registration with the deceased as bereaved family members of the deceased (hereinafter “previous application”) pursuant to Article 6(1) of the former Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State (amended by Act No. 4457, Dec. 27, 1991; hereinafter “former Act on Persons of Distinguished Services to the State”).

B. The head of the South Korean War Veterans Association, upon deliberation and resolution by the Merit Reward Judgment Committee on November 6, 1990, shall determine the deceased as the grandchildren of the deceased under Article 4 (1) 2 of the former Act on Persons of Distinguished Services to the State, and Article 5 (1) 2 of the same Act, and Article 12 (1) 2 of the same Act shall be limited to the grandchildren of the deceased under Article 5 (1) 2 of the same Act, who died before August 14, 1945, on the transcript submitted by B at the time of the previous application by the deceased on November 21, 1990.

“The deceased died after August 14, 1945, and B made a decision that the deceased was ineligible for the payment of pension against B on the ground that the deceased was not the deceased’s family heir.

Since then, the head of the South Korean Veterans Organization rendered a decision to change the plaintiff among the bereaved family members of the deceased ex officio pursuant to Article 13 (1) of the former Act on Persons of Distinguished Services to the State on January 8, 1992 as the first priority of the deceased's death on February 27, 191.

C. The amendment of the scope of grandchildren who are the bereaved family members of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence.