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(영문) 서울행정법원 2015.09.17 2014구합15290
미지급보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs are bereaved families, whose children are “ soldiers and policemen killed in action” under Article 4(1)3 or “ soldiers and policemen killed in action” under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and the Defendant bears the duty to pay veterans’ benefits to persons of distinguished

[Ground for Recognition: Facts without dispute, purport of whole pleadings]

2. The assertion and judgment

A. The former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 7873, Mar. 3, 2006; hereinafter “former Act on the Persons, etc.”) before the Plaintiffs’ assertion was paid the amount of compensation for persons, etc. of distinguished service to the State and their bereaved family members (hereinafter “former Act on the Persons, etc.”) divided into ① pension, ② various allowances and lump-sum payment for death, and the pension was divided into a basic pension, additional pension, and additional pension. In this context, in the case of the basic pension, the term “the person, etc. of distinguished service to the State” had the meaning of “the person, etc. of distinguished service to the State and his bereaved family members, such as soldiers and policemen wounded in action, and soldiers and policemen wounded in action, and were paid the same amount to the persons, etc. of distinguished service to the State, and in the case of additional pension, the term “individual conditions, such as degree of sacrifice and sacrifice,

However, since the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 7873, Jan. 1, 2007) was amended on March 3, 2006, until the current Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on the Honorable Service to the State”), the Act on the Persons of Distinguished Service to the State alters the expression “pension” under the former Act into the name of “compensation,” and replaces the expression “reward benefits” with the expression “reward benefits.”

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