국가유공자 유가족 추가 등록 비해당 처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (1) The deceased B (hereinafter “the deceased”) was registered as a person of distinguished service to the State (C) on April 29, 1991 as a result of a new physical examination conducted at the National Armed Forces Waterworks Hospital on May 7, 1993, when the person was wounded and discharged from military service due to a vehicle accident in the military, and the person applied for registration of a person of distinguished service to the State on November 21, 1990, and was recognized as a person of distinguished service to the State on April 15, 201 as a result of the physical examination conducted at the National Armed Forces Waterworks Hospital on April 29, 1991. After that, on May 7, 1993, the person was killed on October 15, 2012 while maintaining the status of a person of distinguished service to the State as a person of distinguished service.
on October 18, 2012, D, a child of the deceased, reported changes in the status following the death of the deceased, and on November 5, 2012, the head of the Seoul Regional Veterans Administration changed E, a spouse of legal divorce, to a person having the right to receive the deceased’s death.
After that, as E died on November 13, 2012, the head of the Gyeonggi-do Veterans Organization changed the person entitled to receive the deceased's children on December 18, 2012, and D maintains the status as a bereaved family member of a person who has rendered distinguished services to the State.
On April 14, 2017, the Plaintiff filed an application for registration with the Defendant stating that “A person who has rendered distinguished services to the State is a de facto spouse of the deceased, and must be registered as his/her spouse.” On April 27, 2017, the Defendant issued a disposition equivalent to additional registration expenses for his/her bereaved family (spouse) on the ground that “A person who has rendered distinguished services to the State is already registered by the deceased’s spouse and his/her bereaved family was dead after receiving bereaved family’s compensation, and the Plaintiff does not fall under the spouse prescribed in Article 5(1)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.”
【Ground of recognition】 A without a dispute, Gap evidence Nos. 11, 12, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. (i) The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State is lawful.