1. Revocation of the first instance judgment.

2. The Defendant’s veterans’ benefits to the persons of distinguished services to the national independence on January 25, 2017.

1. Details of the disposition;

A. On August 25, 2016, the Plaintiff was registered as the grandchildren of a deceased person who is a person of distinguished services to the national independence (hereinafter “senior”), and was registered as the bereaved family of the person of distinguished services to the national independence.

B. On January 25, 2017, the Defendant decided on the Plaintiff’s eligibility for the payment of veterans’ benefits to the persons of distinguished service to the national independence (hereinafter “instant disposition”) pursuant to Articles 5 and 12 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence (hereinafter “Act on the Persons of Distinguished Service to Independence”) and Article 5-2 of the Enforcement Decree of the same Act. On March 9, 2017, the Defendant decided on the payment of veterans’ benefits to the next needy classes under the National Basic Living Security Act among the grandchildren of the deceased, and the beneficiaries of the basic pension under the Basic Pension Act (the Plaintiff’s private relative) as the bereaved family members of the persons of distinguished service to the national independence.

C. On March 7, 2017, the Plaintiff filed an administrative appeal against the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 21, 2017.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 5, 9, and 10 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant disposition should be revoked on the grounds that the Plaintiff’s assertion is unlawful.

1) The instant disposition is written only on “Article 5 and Article 12 of the Act on Persons of Distinguished Service to Independence, and Article 5-2 of the Enforcement Decree of the same Act,” which is the basis for the disposition, and there is no specific reason for the disposition. This is a violation of Article 23(1) of the Administrative Procedures Act. 2) The Plaintiff mainly supported a deceased person who is a person of distinguished service to the national independence, and was a recipient of basic pension, as in the time of the instant disposition, fell under the requirements for the next lowest income bracket as in C, but was not registered as the next lowest income bracket. The instant disposition was filed with the competent Dong office on March 17, 2017, and was registered as the next lowest income bracket on April 21, 2017.