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(영문) 서울고등법원 2015.09.02 2015누37237
상이등급판정처분취소
Text

The instant lawsuit was terminated by the Plaintiff’s death on March 24, 2015.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Judgment ex officio is made.

According to the overall purport of Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 through 4, the plaintiff filed a lawsuit seeking the cancellation of the disposition of this case on July 9, 2014, and the court of first instance rejected the plaintiff's claim on February 13, 2015, and the plaintiff appealed against the judgment dismissing the plaintiff's claim on December 13, 2015, but the defendant decided that the deceased constitutes a person of distinguished service to the State under 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 "the Act on the Honorable Services to the State"). The deceased's physical examination and reexamination on the disability rating classification of the deceased and the review thereof on August 6, 2013.

Rights to be registered as persons who have rendered distinguished services to the State and bereaved family members under the Act on Persons of Distinguished Services to the State, and to receive various kinds of protections, such as educational benefits, are rights which meet requirements under the Act and are recognized by persons determined by the Minister of Patriots and Veterans Affairs

However, by giving honorable treatment to persons who have rendered distinguished services to the State and their bereaved family members and providing support to the military police officers equivalent to those who have rendered distinguished services to the State, their rights cannot be inherited because they are bound rights to promote their livelihood stability and welfare improvement, which are given to such individuals.

(see, e.g., Supreme Court Decision 2010Du12262, Sept. 30, 2010). Therefore, the instant lawsuit was concluded simultaneously with the Plaintiff’s death, and there is no room for the Plaintiff’s heir to succeed.

If so, it is declared that the lawsuit of this case was terminated by the death of the plaintiff.

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