1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On August 21, 1979, the deceased B (hereinafter “the deceased”) was registered as a soldier or policeman on duty (class 6(2)) upon filing an application for registration of a person of distinguished service to the State on the part of August 21, 1979.

B. On November 26, 1979, the Deceased was married to the Plaintiff and died on July 29, 1987, and the Plaintiff was determined as a bereaved family with no entitlement to the pension due to the death of an emergency.

C. On September 28, 1993, the Plaintiff applied for a review of the death of the deceased on the ground that the deceased's death was due to the difference of right eye, and received veterans' benefits from September 1, 1993 as a result of the review of the Board of Patriots and Veterans Entitlement.

On July 8, 2016, the Defendant issued the instant disposition against the Plaintiff on the ground that the Plaintiff does not fall under Article 5(1)1 (spouse) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc.”) on the ground that “the Plaintiff is or was in de facto marital relationship with a person who is not a person who has rendered distinguished services to the State,” and that it does not fall under Article 5(1)1

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was continuously living together with another woman other than the Plaintiff, so it was unlawful for the Defendant to determine a de facto marital relationship between the Plaintiff and C as a de facto marital relationship, even though there was no subjective agreement between the Plaintiff and C, and there was no substance of marital life objectively recognized as a marital life.

(b) Article 5 (Scope of Bereaved Family or Family Members) of the Act on Persons of Distinguished Services to the State. (1) The scope of bereaved family members or family members of persons who have rendered distinguished services to the State shall be

1. Spouse. (2) In the case of a spouse referred to in paragraph (1) 1, a person in a de facto marital relationship shall be included;

Provided, That a spouse or a person in a de facto marital relationship shall be a person of distinguished service.