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(영문) 의정부지방법원 2018.05.03 2018구합11185
유족등록신청거부처분취소
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 November 14, 201, the Plaintiff reported marriage with B, a national of the Republic of Korea, as a foreigner of the People’s Republic of China.

B. On December 1, 2014, B filed an application for registration of patients suffering from actual aftereffects of defoliants on December 1, 2014, and registered as Class III persons who rendered distinguished services to the State under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc.”) on May 20, 2015.

C. On August 27, 2017, the Plaintiff: (a) filed an application for the registration of bereaved family members of persons who have rendered distinguished services to the State with the Defendant on October 24, 2017; (b) on October 31, 2017, the Defendant rendered a disposition to deny the registration of bereaved family members of persons who have rendered distinguished services to the State (hereinafter “instant disposition”); (c) on October 31, 2017, on the ground that the spouse of foreign nationality does not fall under the registration of bereaved family members of persons who have rendered distinguished services to the State.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a person of distinguished service to the State under the Act on Persons of Distinguished Service to the State, and the Plaintiff’s spouse constitutes bereaved family members.

The disposition of this case, which the plaintiff did not constitute a subject of registration on the ground that he is a foreigner, is inconsistent with the purpose of legislation of the Act on Persons of Distinguished Services to the State, and is against the principle of proportionality that the plaintiff would have much disadvantages compared to the public interest to achieve the disposition.

(b) The Act on the Persons of Distinguished Services to the State shall aim to provide honorable treatment to and support for persons of distinguished services to the State who have made sacrifice or contributions to the State, their bereaved family members or families, thereby contributing to promoting their stabilization of livelihood and improvement of welfare and inspiring the patriotism of the people, and in the general provisions of Chapter I, the Act on

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