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(영문) 춘천지방법원 강릉지원 2018.02.01 2017구합221

국가유공자보상 비해당결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased B entered the Army on June 28, 1952 and was killed in action on February 23, 1953, and was awarded by the Minister of National Defense on January 2012.

The Plaintiff received the Order of Military Merit awarded by the deceased B as a colon of the net B.

B. On August 28, 2017, the Plaintiff filed an application for registration of the person who rendered distinguished services to the State to the Defendant, and the Defendant decided on September 11, 2017 to the Plaintiff as the “person who rendered distinguished services to the State” under Article 4(1)7 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, but the network B notified the Plaintiff of the fact that it was sent the “certificate of distinguished services to the State” to the effect that there is no bereaved family member or family member who is included in the “scope of bereaved family member or family member” under Article 5 of the Act on the Persons of Distinguished Services to the State.

C. The Plaintiff received a certificate of merit from the Defendant to the Defendant, and then sought a veterans benefit, such as compensation, from the Defendant. However, on September 26, 2017, the Defendant sent a reply that the Plaintiff did not constitute a bereaved family or family member of a person who rendered distinguished services to the State under Article 5 of the Act on Persons of Distinguished Services to the State (hereinafter “instant disposition”). As such, the Plaintiff did not constitute a bereaved family or family member of a person who rendered distinguished

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff received the order of merit to the deceased B as the only bereaved family member of the deceased B, and received the certificate of merit to the deceased B, and thus, the defendant's disposition of this case to be judged otherwise is unlawful, despite the right to receive compensation pursuant to the Act on Persons of Distinguished Services to the State.

B. Article 5(1) of the Act on Persons of Distinguished Service to the State provides that the scope of bereaved family members or families of persons of distinguished service to the State who receive compensation pursuant to the Act on Persons of Distinguished Service to the State shall be