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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 February 19, 190, the deceased B (hereinafter “the deceased”) was deliberated and decided by the Board of Patriots and Veterans Entitlement on April 16, 1992 as “the soldier or policeman killed in the line of duty” on May 22, 1992.
On May 26, 1992, his father C, the deceased, applied for the registration of bereaved family members of a person who has rendered distinguished services to the State, died on March 30, 2014.
On the other hand, D, the biological mother of the deceased, died on January 25, 1982, and C reported marriage with the plaintiff on November 22, 1988.
B. On April 1, 2014, the Plaintiff, the deceased C’s spouse, submitted a report on changes in the status that the Plaintiff, the next order of priority, following the death of C receiving the bereaved family compensation, wishes to receive the compensation.
C. Accordingly, on May 26, 2014, the Defendant notified the Plaintiff on June 2, 2014, that “The Plaintiff does not fall under Article 5(1)3 and (4) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) and thus, the right as a bereaved family member of a person of distinguished services to the State became extinct due to the lack of bereaved family member C
(hereinafter referred to as the "disposition in this case") No. 1, 3, 6-1, and 1 of the evidence No. 1, and 6-1 of the above person of distinguished service to the State, the purport of the whole pleadings and arguments.
2. Whether the instant disposition is lawful
A. The instant disposition on the Plaintiff’s assertion should be revoked on the following grounds.
1) The “parent” under Article 5(1)3 of the Act on Persons of Distinguished Services to the State refers not only to not only the mother, but also to the enemy mother who is the father’s spouse (which refers to the father’s spouse), or the mother who is the father’s spouse (which includes not only the mother arising from the marriage of the father, i.e., the mother who was born by the father and the father), and thus, the Plaintiff constitutes the “parent” as the mother of the deceased.
On the other hand, the defendant is among the plaintiff who is a biological mother D and her mother on the basis of Article 5 (4) of the same Act.