(a) Whether the simple omission by an administrative agency is subject to an appeal litigation;

(b) Criteria for determining the scope of the bereaved family of a patriot;

(a) simple omissions by an administrative authority shall not be subject to appeal litigation;

B. In determining the scope of bereaved family members of a patriot in accordance with Articles 3(2) and 4(1) of the Act on the Special Protection of Persons, etc. of Distinguished Services to the State, Article 3(2) of the Act on the Special Protection of Persons, etc. of Distinguished Services to the State, and Article 3(2) of the Act on the Compensation of Military

(a) Article 2 of the Administrative Litigation Act; Articles 3 (2) and 4 (1) of the Act on Special Support for Persons, etc. of Distinguished Service to the State;

Plaintiff

The chairperson of the Patriots and Veterans Administration Review Board

Seoul High Court Decision 85Gu108 delivered on June 28, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The plaintiff's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below determined that the plaintiff, who is the deceased non-party 1's adopted family members after the death of the deceased's deceased deceased deceased deceased deceased deceased's deceased deceased deceased deceased deceased deceased's deceased deceased deceased deceased's deceased deceased deceased's deceased deceased's deceased deceased's deceased deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's plaintiff's above deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's plaintiff's plaintiff's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's plaintiff's above deceased's plaintiff's plaintiff's plaintiff's above deceased's plaintiff's plaintiff's claim against the deceased's deceased's deceased's deceased's deceased.

1. With respect to “the method and procedure for enforcement” in Article 4 (1) of the Act, except as otherwise provided in this Act or any order issued under this Act, the provisions of the Acts relating to the military assistance enumerated in the following subparagraphs shall apply mutatis mutandis:

1. Article 3(2) of the Act on the Special Protection of Persons, etc. of Distinguished Service to the State shall apply mutatis mutandis to the determination of the scope of bereaved family members of a patriot, and there is no room to apply the Act on the Special Protection of Persons, etc. of Distinguished Service to the State. Since the provision of a patriot does not fall under any of the subparagraphs of Article 3(2) of the Act on the Special Protection of Persons, etc. of Distinguished Service to the State, it shall not be deemed that the Plaintiff is the deceased non-party 2’s bereaved family member as a patriot. The decision of the court below to this purport is just and there is no error in the misapprehension of legal principles as to the bereaved family members of a patriot

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-soo (Presiding Justice)