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(영문) 의정부지방법원 2015.01.26 2014구단5161

독립유공자 선순위유족 비해당결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 26, 1968, the deceased C (D residents; hereinafter “the deceased”) supported the first area of the Gwangjin-gun in China, and received compensation under the Act on the Registration of Persons of Distinguished Services to Independence and the Honorable Treatment of Persons of Distinguished Services to Independence (hereinafter “Act”) on the Honorable Treatment of Persons of Distinguished Services to the State, etc. after completion of education, which was given official commendation by the temporary government on March 26, 1968. After that, the deceased on July 28, 1985, the deceased’s wife E was designated as the bereaved family members of the right to receive compensation, and E died on September 30, 2013.

B. According to Article 6(1) of the Act, the Plaintiff, who is the head of the deceased, filed an application for registration of senior bereaved family with the Defendant of the person of distinguished services to the national independence pursuant to Article 6(1) by asserting that “the Plaintiff mainly supported the deceased and constitutes a senior bereaved family member entitled to compensation pursuant to Article 12(2) and (4)1 proviso of

On the other hand, B (G students, the Plaintiff, and a person who is extended compared to the Plaintiff) raised an objection to the Plaintiff’s application for registration of prior bereaved family members, and argued that he is the Defendant as the bereaved family member of the right.

C. On January 21, 2014, the Defendant decided on the Plaintiff on January 21, 2014, on the ground that “The objective evidence to prove that the Plaintiff paid the deceased’s living expenses, hospital treatment expenses, funeral expenses, etc. at the time of the deceased’s survival after the lapse of a long period after the deceased’s death does not exist, and the materials submitted by the Plaintiff, such as the fact that the deceased was deemed to have been a self-employed driver, and that the deceased was deemed to have been economically lost, cannot be deemed to have supported the deceased mainly, are difficult to deem that the Plaintiff supported the deceased.”

(hereinafter “instant disposition”) D.

Meanwhile, on January 21, 2014, the defendant is determined as a person who is not a senior bereaved family member of the persons of distinguished services to the national independence under Article 12 (4) 1 of the Act on the ground that B was not a person who mainly supported the deceased.