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(영문) 대구지방법원 2017.10.20 2016구단1467
국가유공자선순위유족등록거부처분취소
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 deceased B (hereinafter “the deceased”) was registered as a person of distinguished service to the State on June 21, 1993 and died on October 31, 2013. At the time, the bereaved family was children C (Many, 1949), D (Many, 1950), Plaintiff (Many, 1955), E (M, 1957), F (M, 1961), G (M, 1967).

B. As above, on November 11, 2013, the Defendant: (a) on the deceased’s children on November 11, 201, the Defendant, without submitting documents pertaining to the designation of a senior bereaved family or support for persons of distinguished service to the State, designated C among children as a senior bereaved family member pursuant to Articles 17 and 13 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Treatment and Support

C. Accordingly, C, D, and the Plaintiff alleged that they primarily supported the deceased. On May 27, 2014, the Defendant rendered a decision that they do not constitute “the person who mainly supported the persons of distinguished services to the State” under Article 13(2)1 of the Act on Persons of Distinguished Services to the State (hereinafter “instant disposition”). On the other hand, C, one of the children, was designated as the senior bereaved family of the deceased.

The Plaintiff filed an objection against the instant disposition, but the Defendant dismissed the objection on July 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff mainly supported the Deceased than other brothers and sisters, and thus, the instant disposition that determined that the Plaintiff does not constitute “the person who mainly supported the persons of distinguished services to the State” under Article 13(2)1 of the Act on Persons of Distinguished Services to the State is unlawful. 2) The deceased’s priority as bereaved family members is that “A person of distinguished services to the State shall not commit any act detrimental to the dignity of a person of distinguished services to the State.”

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