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(영문) 대법원 2019.02.28 2017두66886
6.25전몰군경자녀수당 지급거부처분 취소의
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Although the main sentence of Article 16-3(1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Services to the State stipulates that only the children of soldiers and police officers killed in action or having died on duty during the battle period under the [Attachment Table] of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (amended by Act No. 13609, Dec. 22, 2015) shall be paid to the children of soldiers and police officers killed in action or having died on duty during the battle period under [Attachment Table], it cannot be deemed that they violated Article 32(6) of the Constitution that provides for the principle of equality and the principle of preferential protection for persons, etc. of distinguished Services to the State under the Constitution (see Constitutional Court Order 2017Hun-Ba252, Nov. 29, 2018); and the ground of appeal that Article 16-3

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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