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(영문) 인천지방법원 2016.04.28 2015가단58067
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 25, 1951, at the time of the Korean War, the deceased B (hereinafter “the deceased”) was killed in the Daesan District.

B. On January 1, 1964, the Plaintiff received a survivor’s pension, etc. from the deceased’s children upon filing an application for the registration of bereaved family under the former Military Security Compensation Act by December 12, 1968. The Plaintiff was employed in the Incheon Heavy Industries from December 1, 1968 to January 1, 1971 and was suspended from paying a survivor’s pension under the former Act on the Employment of Persons Eligible for Military Security, and was treated as the termination of rights and the removal of rights upon reaching the majority on February 15, 1971.

C. Since then, the amendment of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 6339, Dec. 30, 200; hereinafter “the Act”) to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, one of the children of soldiers and policemen killed in action during the battle period before July 27, 1953, who is the first priority in the payment of pension benefits was implemented from July 1, 201.

On March 18, 2013, the Plaintiff applied for the re-registration of bereaved family members of the State Veterans Association under the Act on the Persons of Distinguished Service to the State. On April 18, 2013, the head of Incheon Veterans Organization re-registers the Plaintiff as bereaved family members of the State, and the Plaintiff is paid allowances for children of soldiers and police officers killed in the Korean War from March 2013 to Article 27-3 of the Enforcement Decree of the Act on the Persons of Distinguished Service to the State.

E. Article 2 (Persons subject to Application of this Act) (1) of the Military Protection Compensation Act (wholly amended by Act No. 2026, Jul. 10, 1968; Act No. 3742, which was repealed by Act No. 3742, Aug. 2, 1984);

3. Bereaved family members of a soldier or policeman killed in action (Classification of objects) who are subject to the application of this Act shall be protected or compensated (hereinafter referred to as "protection") by classifying pursuant to other Acts in accordance with the purpose of military assistance;

(3) For the purpose of this Act, the term "persons and policemen killed in action" means persons falling under any of the following subparagraphs:

1. A soldier who died in combat action or during the performance of official duties;

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