국가유공자제적처분취소등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B (hereinafter “the deceased”) was killed in the Western District in Gangwon-do on June 12, 1952 and was buried in the Seoul National Cemetery at the Seoul National Cemetery.
B. On November 9, 2017, the Plaintiff applied for the registration of a deceased’s person of distinguished service to the Defendant on the deceased’s death relationship, and on April 9, 2018, the Board of Patriots and Veterans Entitlement deliberated on the deceased as “persons who have rendered distinguished service to the State”, and on April 30, 2018, the Defendant rendered a religious disposition simultaneously with the registration of a deceased person of distinguished service to the State (hereinafter “instant disposition”) on the ground that there was no bereaved family member who falls under a person of distinguished service to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) as prescribed in Article
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 9, the purport of the whole pleadings
2. The lawsuit of this case is composed of the part on which the revocation of the disposition of this case is sought and the part on the claim for compensation payment. We examine the legitimacy of the lawsuit of this case in order.
A. The standing to sue is recognized in the case of a third party, who is not the other party to a revocation lawsuit of this case, in the case of a legal interest to seek revocation of the relevant administrative disposition, even if there is a direct and specific interest protected by the law based on the relevant disposition.
(See Supreme Court Decision 2005Du9736 Decided June 15, 2007). Article 1 of the Act on Persons of Distinguished Service to the State provides that “The purpose of this Act is to promote their livelihood stability and welfare and to contribute to the inspiring patriotism of the people by properly treating and supporting persons of distinguished service to the State who have made a sacrifice or contribution to the State, their bereaved family members, or their families.” Article 1 of the Act on Persons of Distinguished Service to the State provides that “The purpose of this Act is
2. Children;
3. Parents;
4. Grandparents who have no lineal adult lineal descendant;
5. 60 years of age;