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(영문) 수원지방법원 2017.07.12 2016구단2551

보상금수급자 비해당 처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

1. Details of the disposition;

A. Nonparty C (hereinafter “the deceased”) was arrested on March 3, 1919, the Japanese colonial rule and was sentenced to six years of imprisonment, and was registered as a deceased person of distinguished services to national independence by the government on August 15, 2004. On August 16, 2004, the Plaintiff, the grandchildren of the deceased, filed an application for registration of the bereaved family members of the deceased with the competent veterans branch office for registration of the deceased as the bereaved family members of the deceased and nine persons of distinguished services to national independence, including the Plaintiff, were recognized as the bereaved family members of the deceased. Nonparty D, the oldest whose maximum senior was the deceased on January 3, 2006, was registered as the senior bereaved family members of distinguished services to national independence on February 1, 2006.

B. Article 12(2) and (4)1 of the former Act on Honorable Treatment of Persons of Distinguished Services to the State (amended by Act No. 12668, May 21, 2014; hereinafter “former Act on the Persons of Distinguished Services to the State”) was rendered by the Constitutional Court on October 24, 2013, and the said provision was amended by Act No. 12668, May 21, 2014. The content of the provision was as follows: (a) if all children were dead at the time of the first registration as a bereaved family member of a person of distinguished services to the State who died after August 15, 1945, the person eligible for compensation should be determined for the said grandchildren, taking into account the standard of living prescribed by the Presidential Decree.

C. Accordingly, from January 19, 2015, the Defendant, among nine grandchildren of the deceased who were recognized as the bereaved family members of the persons of distinguished services to national independence, was confirmed in the same order of priority as the deceased, the Defendant, among the nine grandchildren of the deceased who were recognized as the bereaved family members of the persons of distinguished services to national independence, determined the Defendant’s Intervenor B (hereinafter “the Intervenor”) who was the largest extension among them as the recipients of compensation (hereinafter “the Intervenor”) as the recipient of compensation, and notified the Plaintiff, who was the existing holder, of the determination of non-eligible persons of the amount of veterans’ benefits.

2.3.