2. The costs of lawsuit are assessed against the plaintiffs.

A. The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “the Act”) was amended by Act No. 6339 on December 30, 200, Article 16-3 was newly established, and the allowance for the children of soldiers and policemen who died in the Korean War or soldiers on duty (hereinafter “instant allowance”) was paid to the children of the soldiers and policemen who died in the Korean War or soldiers on duty from July 1, 2001, and Article 16-3(1) proviso to Article 16-3(1) of the Act on the Persons of Distinguished Service to the State provides that “No allowance shall be paid to the children of the soldiers and policemen who died in the Korean War or soldiers on duty who died in the Korean War where one of bereaved family members

B. The Plaintiffs were not paid the instant allowances pursuant to the proviso to Article 16-3(1) of the Act on Persons of Distinguished Service to the State on the ground that their grandparents (hereinafter “bereaved Family”) received pension after January 1, 1998, where their mother or mother, who were the children of soldiers and police officers killed in the Korean War, remarriedd.

C. Since the proviso of Article 16-3(1) of the Act on Persons of Distinguished Services to the State is unconstitutional and invalid, the Plaintiffs filed the instant lawsuit claiming that they have the right to receive the instant allowances pursuant to the main sentence of Article 16-3(1) of the Act on Persons of Distinguished

On the other hand, the Constitutional Court decided on December 18, 2002 that "the proviso of Article 16-3 (1) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 6339, Dec. 30, 200) does not infringe on the right to equality and the right to pursue happiness."

The Constitutional Court Order 2001Hun-Ma546 delivered on December 18, 2002 see, e.g., Supreme Court Order 2001Hun-Ma546 delivered on December 18, 200). [Grounds for recognition] of no dispute, each entry in Gap evidence Nos. 1 through

2. The plaintiffs asserted that they were the children of soldiers and police officers killed in the Korean War who received pension after January 1, 1998 by their bereaved family members, were not paid the instant benefits pursuant to the proviso to Article 16-3 (1) of the Act on Persons of Distinguished Service to the State.

(hereinafter the Plaintiffs and the children of soldiers and police officers killed in the Korean War who were the same as the Plaintiffs (hereinafter “unborn children”). On the contrary, the bereaved family died before January 1, 1998.