Where a biological mother who mainly raised or supported a soldier or policeman who was registered as a person eligible for assistance at the time of the enforcement of the former Military Support Compensation Act as the former Act, and received pension and allowances, etc., applies for registration as a bereaved family member under the former Act on the Honorable Treatment of Persons of Distinguished Service to the State, whether the biological mother should be registered as the mother of a person of distinguished service (affirmative)

Article 5 of the former Act on the Honorable Treatment of Persons of Distinguished Service to the State (amended by Act No. 5291 of Jan. 13, 1997) provides that "parents or mothers shall be included in the scope of bereaved family members or families of persons of distinguished service to the State" (Article 1 (3) of the former Act on the Honorable Treatment of Persons of Distinguished Service to the State), and "mothers or mothers" shall be considered as "mothers or children who have mainly raised or supported persons of distinguished service to the State". According to Articles 4 and 5 of the Addenda of the former Act on the Honorable Treatment of Persons of Distinguished Service to the State (repealed by Article 2 of the Addenda of the former Act on the Honorable Treatment of Persons of Distinguished Service to the State, Act No. 3742 of Aug. 2, 1984). Since the former Act on the Honorable Treatment of Persons of Distinguished Service to the State is repealed and enacted in the process of enacting the former Act on the Honorable Treatment of Persons of Distinguished Service to the State.

Article 5 (1) 3 and (4) of the former Act on the Support for Honorable Treatment of Persons, etc. of Distinguished Service to the State (amended by Act No. 5291 of Jan. 13, 197), Article 4 and Article 5 of the Addenda (amended by Act No. 3742 of Aug. 2, 1984), Article 5 (4) 3 of the former Military Aid Compensation Act (repealed by Article 2 of Addenda to the Act on the Honorable Treatment, etc. of Persons of Distinguished Service to the State, Act No. 3742 of Aug. 2,

Plaintiff

Head of the Veterans Affairs Office

Gwangju High Court Decision 2001Nu1160 delivered on December 6, 2001

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

We examine the grounds of appeal.

Article 5 of the former Act on the Honorable Treatment of Persons of Distinguished Service to the State (amended by Act No. 5291, Jan. 13, 1997; hereinafter referred to as "the Act on the Honorable Treatment of Persons of Distinguished Service to the State") includes "parents or parents of persons of distinguished service to the State" (Article 1 (1) 1 and 3); and "mothers or mothers, where there are different mothers or mothers, they mainly raise or support persons of distinguished service to the State". According to Articles 4 and 5 of the Addenda of the former Act, those who are registered as eligible recipients of assistance pursuant to the former Act on the Compensation of Military Support (repealed by Act No. 3742, Aug. 2, 1984) are registered as persons of distinguished service to the State under this Act, and since the former Act on the Compensation of Persons of Distinguished Service to the State was repealed and enacted, the former Act on the Compensation of Persons of Distinguished Service to the State has not been registered as the eligible recipients of pension and allowances without the new Act.

Based on the reasoning of the first instance judgment cited by the lower court, it is inappropriate to deem that the registration of Nonparty 2, the mother of Nonparty 1, the deceased, as the deceased’s mother, by deeming the deceased as the deceased’s mother, is an erroneous disposition that did not comply with the provisions of the former Military Security Compensation Act. However, the conclusion that the Plaintiff’s request was accepted is justifiable, and there is no error of law by misapprehending the legal doctrine regarding

The grounds of appeal disputing this issue are rejected.

Therefore, the appeal is dismissed, and the 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 Yoon Jae-sik (Presiding Justice)