국가유공자및보훈대상자요건비해당처분취소
1. The decision subject to review shall be revoked.
2. The instant lawsuit was filed on June 23, 2015 by the death of the Plaintiff (Re-Defendant).
In a case where the interruption of a litigation procedure due to the death of one of the parties during the proceeding of a lawsuit is imposed and the judgment is rendered, the judgment is unlawful in the procedure that results in the exclusion of legitimate takeovers who can participate in the lawsuit from the authority of a legitimate takeovers, but the judgment cannot be deemed to be null and void as a matter of course. However, the judgment is only entitled to seek the revocation by an appeal or retrial on the ground of defects in power of representation, in view of
(See Supreme Court en banc Decision 94Da28444 delivered on May 23, 1995, and Supreme Court Decision 2003Da34038 delivered on November 14, 2003, etc.). In addition, the right registered as a person of distinguished service to the State and his/her bereaved family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”) and to receive various benefits, such as educational benefits, is a right recognized as a person who satisfies the requirements prescribed by the Act and whose registration is determined by the Minister of Patriots and Veterans Affairs following a deliberation
However, in order to promote the livelihood stability and welfare improvement of persons who have rendered distinguished services to the State by providing honorable treatment of their persons who have rendered distinguished services to the State and support for the military police officers equivalent to those who have rendered distinguished services to the State, their rights shall not be transferred or seized to others, and shall not be offered as security (Article 19 of the Act), and the scope and precedence of the bereaved family members or families entitled to compensation shall be separately provided (Article 5 of the Act). In light of the above, the scope and precedence of the bereaved family members entitled to compensation shall not be subject to inheritance (Articles 12 and 13 of the Act).
(see, e.g., Supreme Court Decisions 2003Du7095, Nov. 28, 2003; 2010Du12262, Sept. 30, 2010). Therefore, in a case where the Plaintiff died while the lawsuit seeking revocation of the disposition of distinguished service to the State was pending in a court, the lawsuit seeking revocation of the disposition of distinguished service to the State is pending.