Whether a person is eligible for a survivor pension under Article 12 (2) and (1) of the former Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State if the person is not a minor or adult incapable of supporting himself/herself as of the date of application for

According to Article 12(2) and (1) of the former Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State (amended by Act No. 4857 of Dec. 31, 1994), among bereaved families of persons of distinguished service to the State, their children are minors or adults with disabilities who have no means of living. According to Article 9(1) of the same Act, the right to receive compensation under the same Act, such as survivor pension, shall take place from the month to which the date when the bereaved family member files an application for registration of bereaved family members of persons of distinguished service to the State belongs pursuant to Article 6(1) of the same Act. Thus, where a person is not a minor or adult with disabilities who has no means of living as of the

Articles 6(1), 9(1), and 12(1) and (2) of the former Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State (amended by Act No. 4857 of Dec. 31, 194)

Plaintiff

Head of Msan Veterans Branch Office

Busan High Court Decision 94Gu7225 delivered on July 14, 1995

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the Plaintiff’s ground of appeal.

According to Article 12(2) and (1) of the Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State (amended by Act No. 4857 of Dec. 31, 1994), among bereaved family members of persons of distinguished service to the State, their children are minors or adults with disabilities who have no means of living. According to Article 9(1) of the same Act, the right to receive compensation under the same Act, such as survivor's pension, takes place from the month in which their bereaved family members belong the date when they filed an application for registration of bereaved family members pursuant to Article 6(1) of the same Act. Thus, the Plaintiff who does not fall under the category of minors or adults with disabilities who have no means of living as of the

The issue is that, since the Plaintiff’s responsibility delayed for filing an application for bereaved family registration without giving detailed explanation to the Plaintiff, who is the deceased Nonparty, the bereaved family member, and thus, the Defendant, the State agency, even if the Plaintiff applied for bereaved family registration after reaching the age of majority, should pay the bereaved family pension for the minor period. However, it cannot be deemed that the Plaintiff’s right to claim for survivor pension during the minor period arises solely on the grounds such as the argument.

As above, the judgment of the court below that the defendant's rejection of the plaintiff's compensation claim is justifiable, and there is no error in the misapprehension of legal principles as to the theory of lawsuit. We do not err in the misapprehension of legal principles

Therefore, the appeal is dismissed and all 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.

Justices Shin Sung-sung (Presiding Justice)