Whether the Plaintiff’s heir is allowed to take over a lawsuit where the Plaintiff died during the course of the lawsuit seeking revocation of revocation of registration in action (negative)

The former Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (amended by Act No. 6648 of Jan. 26, 2002) was registered as a person of distinguished service to the State and his bereaved family members, and the right to receive various kinds of protection, such as educational care, etc., was granted to the person of distinguished service to the State and his bereaved family members, and to promote their livelihood stability and welfare improvement by providing support to the persons of distinguished service to the State, and thus, it cannot be subject to inheritance in light of the provisions of the same Act. Therefore, the lawsuit claiming the revocation of registration in action filed in action against the State was terminated simultaneously with the Plaintiff’s death

Article 4(1)4 of the former Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State (amended by Act No. 6648 of Jan. 26, 2002); Article 8(2) of the Administrative Litigation Act; Article 233 of the Civil Procedure Act

Plaintiff

Head of Daegu Regional Veterans Administration

Daegu High Court Decision 2002Nu2766 delivered on May 2, 2003

On May 30, 2003, the lawsuit of this case was terminated by the plaintiff's death.The expenses for the appeal are borne by the plaintiff's heir 1, heir 2, heir 3, and heir 4.

Judgment ex officio is made.

According to the records, the plaintiff, who entered the Army on October 10, 1952, was discharged from military service on November 2, 1953, and was discharged from military service on November 2, 1953. On March 3, 1953, the plaintiff was receiving medical treatment from the 1st Army Hospital in Daegu, which suffered from injuries to both ear in the battle 1, 1953, due to the post-beatary gift, and was suffering from the Machine Dana (hereinafter "the injury of this case"). On March 16, 200, the plaintiff filed a lawsuit against the defendant on March 26, 200 for the same reason that the plaintiff did not have any objective causal relation between the plaintiff and the heir of this case (hereinafter "the heir of this case"). However, it is evident that the plaintiff did not have any objection to the judgment of the court below 1, 200, 200, 3.

The right to be registered as a person of distinguished service to the State and his bereaved family members under the Act and to receive various kinds of benefits, such as educational benefits, is a right recognized as a subject of inheritance by a person who satisfies the requirements under the provisions of the Act, and whose registration is determined by the Minister of Patriots and Veterans Affairs following the deliberation and resolution of the Board of Patriots and Veterans Entitlement. However, such right is a personal and continuous right granted to the relevant individual in order to promote his livelihood stability and welfare by providing honorable treatment for the persons of distinguished service to the State and their bereaved family members and support for the military and police services equivalent to those of the persons of distinguished service to the State. (Article 19 of the Act), and it is not possible to transfer or seize such right or provide it as security (Articles 5 and 13 of the Act), and separate provisions concerning the scope and precedence of bereaved family members to receive the pension (Articles 12 and 13 of the Act) are separately provided (Article 12 of the Act). Accordingly, the lawsuit in this case is terminated simultaneously with the plaintiff's death and there is no possibility to succeed by the plaintiff's heir (the plaintiff's ground of appeal.)

Therefore, the plaintiff's death declares that the lawsuit of this case is terminated. The costs of appeal are assessed against the plaintiff's inheritor. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-sik (Presiding Justice)