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(영문) 수원지방법원 2016.04.01 2015구단2356
독립유공자보훈급여금 수급대상자 재선정결정 취소
Text

1. On June 11, 2015, the Defendant rendered a decision to re-elect a person eligible for compensation to the persons of distinguished services to the national independence.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) died on May 1, 1960, but after the death, the deceased was recognized as a person of distinguished services to the national independence on March 1, 2009.

At that time, the deceased’s spouse C and the deceased’s children died both D(ma), E(ma, death on January 8, 2008), F, and G.

H is the son of the deceased as the south of the above D, and the Plaintiff is the son of the deceased as the south of the above E.

B. On March 6, 2009, after the deceased was recognized as the person of distinguished services to the national independence, H (I) applied for the registration of bereaved family members of the person of distinguished services to the national independence in accordance with the former Act on the Honorable Treatment of Persons of Distinguished Services to the national independence (amended by Act No. 9083, Mar. 28, 2008; hereinafter “former Act on Persons of Distinguished Services to the national independence”), and decided to register the deceased as the bereaved family members of the person of distinguished services to the national independence on March 31

C. Meanwhile, Article 12(2) of the former Act on the Persons of Distinguished Services to the National independence provides that only one grandchild of the person of distinguished services to the national independence who died before August 14, 1945 shall be paid with compensation, and Article 12(4) provides that when two or more grandchildren are in the same order of priority, the person who has higher age shall be given priority to the person who has higher age among the children of the person of distinguished services to the national independence: Provided, That when a grandchild has mainly supported the person of distinguished services to the national independence, he/she shall be given priority to the person who has been given priority to the person of distinguished services to the national independence; however, the Constitutional Court Decision 201Hun-Ma724 Decided October 24, 2013 and Article 12(2) of the former Act on the Persons of Distinguished Services to the national independence provides that "the portion of compensation to one grandchild shall be paid to one grandchild," and Article 12(4)1 of the former Act on the Persons of Distinguished Services to the national independence shall be inconsistent with the Constitution.

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