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(영문) 서울중앙지방법원 2019.09.05 2019가단5020354
손해배상(국)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”) was born in C and died on October 28, 1975.

The Deceased entered the Army on December 2, 1952, in the Army.

6. A soldier who participated in the 25 War and was discharged from active service on April 28, 1954, after being hospitalized at the Army Hospital on June 15, 1953, at the bottom of the bones of the right sublime, and transferred to the Ganyang Hospital on April 23, 1954.

The plaintiff was the deceased's spouse.

B. On November 2017, the Plaintiff applied for the registration of the deceased as war veterans under the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “ War Veterans Act”) to the Korea War Veterans Branch Office of the Korea War Veterans, and on December 4, 2017, the deceased registered as war veterans on December 4, 2017.

C. On December 11, 2017, the Plaintiff applied for the registration of bereaved family members of a person who has rendered distinguished services to the State to the Ministry of Patriots and Veterans Affairs. On August 6, 2018, the Board of Patriots and Veterans Affairs rendered a decision that the deceased constitutes the former part of Article 4(1)4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”).

After that, on November 21, 2018, the head of the Gyeonggi-do Veterans Organization rendered a decision on November 21, 2018 that the deceased fell under Class 6-6(2) 4114 of the disability rating and the plaintiff constitutes a bereaved family member of a person who has rendered distinguished services to the State under Article 5

E. According to the application for registration of bereaved family members of persons who have rendered distinguished services to the State on December 11, 2017, the Plaintiff is receiving money calculated as KRW 599,00 on December 5, 2017 from the Gyeong-nam Veterans' Office and KRW 622,00 on January 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 6, the purport of the whole pleadings

2. Under the Framework Act on Veterans Affairs, the State and local governments impose an obligation to promote projects to discover persons who have made a sacrifice or contribution in order to honor the meritorious deeds and patriotism of such persons who have made a sacrifice or contribution.

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