보훈보상대상자 선순위유족비해당결정처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s person eligible for veteran’s compensation against the Plaintiff on December 20, 2013.
1. Details of the disposition;
A. On December 1, 2008, the Plaintiff’s son B (hereinafter “the deceased”) entered the deceased on December 1, 2008, and died on October 10, 2009. The Board of Patriots and Veterans Entitlement deliberated and decided on October 4, 2013 on the deceased’s eligibility requirements under the Act on Support for Persons Eligible for Veteran’s Compensation (hereinafter “the Veterans Compensation Act”).
B. The Plaintiff, the father and mother of the Deceased, asserted against the Defendant et al. to the effect that “self-support constitutes a person who mainly supports or rears the Deceased,” and the Board of Patriots and Veterans Entitlement deliberated and decided on December 5, 2013 to the effect that “C and the Plaintiff do not mainly support or rear the Deceased.”
C. Accordingly, on December 20, 2013, the Defendant determined C and the Plaintiff as a senior bereaved family member with higher age C, and rendered a prior decision that “the Plaintiff shall not pay compensation as it does not constitute a senior bereaved family member” (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the following circumstances, the Plaintiff’s assertion 1) is apparent that the person who mainly supported or brought up the deceased is the Plaintiff. As such, the instant disposition on a different premise is unlawful. (A) Although C, after the Plaintiff’s divorce, he, in fact, raised the deceased alone, he did not leave the deceased at all at the underground bank of Songpa-gu Seoul, Songpa-gu, Seoul.
B. In addition, the Plaintiff purchased an insurance policy and a housing installment, etc. for the deceased, and paid the insurance premium and installment for the deceased, etc. on behalf of the deceased. The Plaintiff borrowed from the university.