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(영문) 부산지방법원 2012.10.09 2012가단41072
부당이득위자료청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2, 1948, B, the husband of the Plaintiff, entered the Army on April 2, 1948, entered the Army, followed by the injury of the entire right completion part of the area, such as the official trade, etc. (hereinafter “the instant injury”). On January 12, 1951, the Plaintiff died on August 23, 197.

B. On August 10, 2010, the Plaintiff filed an application for registration with the Commissioner of the Busan Regional Veterans Administration for the distinguished wounds in the instant case, and the Board of Patriots and Veterans decided on May 9, 201 that B constituted a soldier or policeman wounded in action.

C. On June 14, 201, Busan Veterans Hospital judged that the instant wound fell under class B 7 of disability rating 806 in a new physical examination conducted in writing.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including branch numbers in the case of additional number), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Where the Plaintiff filed an application for registration of a person who has rendered distinguished services to the State, regardless of the date of filing the application for registration, the compensation has been made after August 1, 2010, which is the date of filing the application for registration, notwithstanding the fact that compensation has been made pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State since January 1, 1985, which was enforced by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), regardless of the date of filing the application for registration. Accordingly, the Plaintiff has no honor and self-esteem that could have been held as a bereaved family member of the person who has rendered distinguished services to the State, and the Plaintiff has suffered mental suffering from economic difficulties

(b) (1) Article 4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (including persons who are provided for in other Acts and subordinate statutes to receive honorable treatment, etc. provided for in this Act) (1) shall be any of the following persons:

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