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(영문) 전주지방법원 2015.09.16 2014구합2260
독립유공자유족등록신청각하처분취소
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. The Plaintiff is the deceased of the deceased C who was awarded the Order of Merit for National Foundation (hereinafter “the deceased”).

B. On October 4, 2012, the Plaintiff filed an application for registration of bereaved family members of the persons of distinguished services to the State to the Defendant pursuant to Article 6(1) of the Act on the Persons of Distinguished Services to Independence (hereinafter “Act on the Persons of Distinguished

C. However, on July 25, 2014, the Defendant: (a) against the Plaintiff; (b) against the person of distinguished services to the national independence, if the person of distinguished services to the national independence wishes to be subject to the Act on the Honorable Treatment of Persons of Distinguished Services to the national independence; and (c) against the deceased who was the first priority, dismissed the Plaintiff’s application for registration

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3-1 and 7-1 and the purport of the whole pleadings

2. The plaintiff's assertion D is presumed to have been naturally deceased due to E, and the deceased on November 12, 1990 is the same person as D, and the deceased on November 12, 1990 is the death of F on the family register after D having married with G and married with H.

Therefore, all the grandchildren of the deceased died, and the first priority among their bereaved family members is the plaintiff, but the disposition of this case which dismissed the application for registration of the bereaved family members of the person of distinguished services to national independence

3. Entry in the attached Form of relevant Acts and subordinate statutes;

4. Determination

A. According to Articles 6 and 3 (1) of the Act on the Persons of Distinguished Services to the National independence, where a person eligible to the Act as a bereaved family member of a person of distinguished services to the national independence intends to be a person eligible to the Act, the person eligible for the priority among his/her bereaved family members shall apply for registration. The order of his/her bereaved family members shall be the order of priority of his/her spouse, children, and grandchildren pursuant to Articles 12 (3) and 5 (1) of the Act on the Persons of Distinguished Services to the national independence: Provided, That where his/her spouse and grandchildren have already been

On the other hand, it is presumed that the entry of the family register is legally made and its contents are consistent with the truth.

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