독립유공자 유족 비해당 결정 처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B, upon entering into a private treaty with CB, became a volunteer soldier of the Gyeongbuk-do branch in around 1907, and met with D, died on October 11, 1917, and led E to an independent movement on December 26, 1990. < Amended by Act No. 4898, Dec. 26, 1990>
B. On October 4, 2012, the Plaintiff, as a senior grandchild of the persons of distinguished services to the national independence, constituted a grandchild under Article 5(1)3 of the Act on the Honorable Treatment of Persons of Distinguished Services to Independence (hereinafter “Act”), and filed an application for registration of the bereaved family members of the persons of distinguished services to the national independence.
C. On January 7, 2013, the Defendant rendered a decision on the non-existence of the bereaved family members of the persons of distinguished services to the national independence on the ground that the Plaintiff did not constitute the grandchildren of the persons of distinguished services to the national independence under Article 5(1)3 of the Act on the Persons of Distinguished Services to the national independence (hereinafter
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, and 6 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. B, who is the plaintiff's assertion of the independence of national independence, had F and G under the chain, and F had H and I under the chain.
H A around 1940, died, the J was adopted as a post-help of H around 1941, and the Plaintiff is a child of J.
Therefore, the J constitutes the adopted lineal descendants of the persons of distinguished services to the national independence under Article 5(3) of the Act.
(The Defendant recognized J as a person of distinguished services to the national independence and completed the bereaved family registration before the instant case on May 25, 1994. The J died on May 25, 1994. The Plaintiff constitutes a bereaved family member of a person of distinguished services to the national independence, who is first registered as a bereaved family member of the person of distinguished services to the national independence pursuant to the proviso of Article 5(1)3 of the Act on the Persons of Distinguished Services to the national independence, “if his children and grandchildren have already been registered as the bereaved family member at the time of the first registration as the bereaved family member of the person of distinguished services to the national independence,
Therefore, the plaintiff is the bereaved family of the person of distinguished services to national independence.