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(영문) 서울고등법원 (춘천) 2018.04.16 2017누1150
보훈급여금 지급대상자 재지정 처분 취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Plaintiff asserted that the instant disposition was unlawful upon acceptance of E’s objection raised after the lapse of the filing period. However, according to the evidence duly adopted and examined by the court of first instance, the Defendant notified the Defendant of the instant third decision on March 28, 2017 to the grandchildren of the deceased including the Plaintiff, that the consultation procedure was completed due to D’s withdrawal, and that the Plaintiff decided the Plaintiff as a person eligible for veterans’ benefits. If there is an objection, E instructed the Defendant to raise an objection within 30 days. ② On March 29, 2017, E notified the Defendant of his/her intent to raise an objection by telephone and sent the Defendant a document stating his/her intent to raise an objection by registered mail. Accordingly, the Plaintiff’s assertion is without merit. In addition, the Plaintiff asserted that the Ministry of Patriots and Veterans Affairs and the Defendant confirmed the fact that the Plaintiff was registered as a person eligible for veterans’ benefits in January 2018, but no evidence exists to acknowledge it. Thus, the judgment of the court of first instance is justifiable and dismissed as the judgment of first instance.

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