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(영문) 제주지방법원 2016.08.10 2015구합572
보훈급여금지급대상자결정취소
Text

1. Of the instant lawsuit, the Defendant filed a claim to revoke the determination of the recipient of veterans' benefits against B on July 3, 2015.

Reasons

1. Details of the disposition;

A. The deceased C (hereinafter “the deceased”) died after August 15, 194 as the persons of distinguished services to the national independence, and after August 18, 1995, all of his children were dead.

B. Article 12(2) of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence (amended by Act No. 13607, Dec. 22, 2015; hereinafter “Act on the Honorable Treatment of Persons of Distinguished Service to Independence”) was amended on May 21, 2014, and came into force on January 1, 2015. In the event a person of distinguished service to national independence who died after August 15, 1945 and died to all his/her children at the time of registration, the provision was amended to pay compensation to one grandchild, and the Defendant instructed 15 grandchildren, including the Plaintiff, to revise the law.

C. The above grandchildren did not reach an agreement on the designation of persons eligible for veterans' benefits, and the defendant confirmed that eight children of 1 South Korea (D) were qualified recipients of basic livelihood security under the National Basic Living Security Act, and six other persons (E, F, A, G, H, I), including the plaintiff, as basic pension recipients under the Basic Pension Act, and the remaining one person (J) did not fall under any subparagraph of Article 5-2 of the Enforcement Decree of the Act on the Persons of Distinguished Services to the State.

On July 3, 2015, pursuant to Article 12 of the Act on the Persons of Distinguished Services to the National independence and Article 5-2 of the Enforcement Decree of the same Act, the Defendant confirmed that B is the first among the persons eligible for veterans' benefits, and notified B of the "Guidance on the Determination of Persons Eligible for Veterans' Benefits" (hereinafter referred to as the "Disposition on the Determination of Persons Eligible for Veterans' Benefits"), and notified the Plaintiff of the "Guidance on the Determination of Persons not Eligible for Veterans' Benefits" (hereinafter referred to as the "Disposition on Non-Persons Eligible for Veterans' Benefits").

E. On July 22, 2015, the Plaintiff filed an objection with the Defendant on July 30, 2015, by taking into account whether the designation of a basic recipient was lawful. The Defendant is above on July 30, 2015.

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