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(영문) 대전지방법원 2015.08.21 2015구단100169

유족연금지급청구의소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff sought against the Defendant payment of KRW 186,240,000 for 16 years from June 1998 to May 2014, for the children of soldiers and police officers killed in the Korean War under Article 11(2)4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment of Persons, etc. of Distinguished Services to the State”).

2. Comprehensively taking account of the overall purport of evidence Nos. 1, 3, and 4-1 and 2 of evidence Nos. 4 and arguments, the plaintiff was excluded from "bereaved family members of soldiers and police officers killed in action" under Article 5 (4) 2 of the former Military Aid Compensation Act (amended by Act No. 2726 of Dec. 24, 1974) due to the arrival of majority on July 25, 1970. On June 24, 2014, the head of the Daejeon Regional Veterans Office issued an application for registration under the Act on Persons of Distinguished Service to the State to the plaintiff on August 14, 2014. Since Article 4 of the Addenda of the former Act on Honorable Treatment of Persons of Distinguished Service to the State (amended by Act No. 3742 of Aug. 2, 1984) provides that the plaintiff shall be excluded from the previous Act on Persons of Distinguished Service to the State under Article 16 of the same Act.