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(영문) 서울행정법원 2016.03.31 2015구단58402
보상금수급자신상변동신고서 각하결정처분취소
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. On March 15, 1941, Non-Party B (hereinafter, the deceased) completed the marriage report with Non-Party C on March 15, 1941, but C was missing, Non-Party D and his child, such as E and F, were born between Non-Party D and D around 1942.

On July 1, 1961, the deceased was registered as the completion of the marriage report with the Plaintiff on July 3, 1961 after the divorce was made with C on July 1, 1961. On July 5, 1961, the deceased reported death with respect to the deceased.

B. The Deceased was registered as a person of distinguished service to the State in accordance with the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, while serving as a police officer in the Jeonbuk-gu Police Station, and the Korean War occurred on August 8, 1950, while serving as a police officer. D has received a survivor pension as a de facto spouse of the Deceased.

C. The Plaintiff: (a) was a legal person of the deceased; (b) was confirmed through a lawsuit that the marriage report between D and the deceased was null and void; and (c) was maintained in marriage with D and other persons who were not persons of distinguished service to the State, such as giving birth to their children after the deceased’s death; (b) reported changes in the status to the Defendant on the ground that it constitutes grounds falling under the proviso to Article 5(2) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the “Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State”), but the Defendant dismissed it on June 18, 2015 on the ground that there is no change in the rights as

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination on the legality of a disposition

A. Through the Seoul Family Court Decision 2012ddan67804, the Plaintiff’s assertion confirmed that the marriage by the report of marriage on July 3, 1961 between D and the Deceased was null and void. Accordingly, D was cancelled from the father’s wife’s wife on the transcript of the deceased’s report.

(b).

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