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(영문) 대전지방법원 2017.10.31 2016구단100579
국가유공자선순위결정처분취소
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. The Plaintiff’s father B (hereinafter “the deceased”) is a person of distinguished service with class ゲ or higher in action.

On June 13, 2015, the Deceased died on 4 (D, E, F, G), two (I, Plaintiff) and six (6) children between the former wife C and the latter.

B. The Plaintiff submitted a report on changes in status on June 22, 2015 pursuant to Article 6-2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act”), and accordingly, submitted opinions on the change in the order of bereaved family members to six children of the same priority, that the Defendant was mainly supported by the deceased, and that the Plaintiff and 1 female D were designated as a senior bereaved family member.

C. The Board of Patriots and Veterans Entitlement determined that it is difficult to recognize a person who has rendered distinguished services to the State as a child who mainly supported a person who has rendered distinguished services to the State, based on the comprehensive consideration of the fact that objective supporting materials that can be recognized as having mainly supported the deceased are not verified and that the period of support is not long. Article 13(2)1 of the Act on Persons who have rendered distinguished Services to the State is not “the person who mainly supported the person who has rendered distinguished services to the State.”

Based on this, on April 19, 2016, the Defendant rendered a disposition of “information on the results of an application for recognition of the main support for a person who has rendered distinguished services to the State” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, Gap 10, 11, 16, Eul 1, Eul 2-1 to 3, Eul 2-3, and Eul 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased suffered lifelong abuse from the principal wife and the principal organ, and the Plaintiff mainly supported the deceased from August 2013 to the time of his death, and thus, the instant disposition made on a different premise is unlawful.

B. 1) Determination 1) The deceased’s residential condition and economic life ability (1) February 2001, and 2007.

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