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1. The Defendant’s decision to dismiss an application for registration of bereaved family members to the Plaintiff on February 10, 2015 shall be revoked.
2.
Reasons
1. Details of the disposition;
A. On December 1, 1950, the Plaintiff’s father, entered the Army, who was in the Korean War, and died on August 18, 1950 on August 18, 1950, after having suffered from the wounds of “the head of the watch division,” “the head of the watch division,” and was discharged from military service on November 5, 1951, and died on February 10, 1973.
B. On April 29, 2013, the Plaintiff’s mother, filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State with the instant wound to the Defendant. On August 19, 2013, the Defendant recognized the said wound as having satisfied the requirements for the bereaved family members killed and wounded in action.
C. However, as a result of a new physical examination conducted in writing to determine the degree of injury of the instant injury, it was determined to fall short of the grading standard on October 30, 2013, and was subsequently determined to fall short of the grading standard on March 19, 2014, in a physical examination conducted thereafter, and accordingly, on March 28, 2014, the Defendant notified C of the determination of persons who rendered distinguished services to the State (hereinafter “previous disposition”).
C Around May 7, 2014, after the previous disposition, died on May 7, 2014, and the Plaintiff, a second male and female, who was born between the deceased B and the deceased C, filed a lawsuit seeking revocation of the previous disposition on June 16, 2014, on the ground that the previous disposition was unlawful. However, the above court rendered a judgment dismissing the lawsuit on January 23, 2015 on the ground that “The right to receive compensation, etc. as a bereaved family member of a person of distinguished service to the State of the deceased, was extinguished as a right to a person of distinguished service to the State of the deceased, and is not inherited to the Plaintiff, etc., the heir, etc., due to the extinguishment of the deceased’s death as a right to enjoy compensation, and there was no legal interest to seek revocation of the previous
E. Accordingly, the Plaintiff obtained designation as a senior bereaved family member in consultation with other children of the deceased A, and on February 5, 2015, filed an application for registration of bereaved family members of a person who has rendered distinguished services to the State for the instant wounds with the Defendant.
F. Accordingly, on February 10, 2015, the Defendant was recognized as having been killed and wounded in the procedure already filed by the deceased C.