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(영문) 부산고등법원 2016.04.22 2015누24017
국가유공자 유족등록신청 비해당처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion and the judgment of the court of first instance

A. The first date of the Plaintiff’s assertion is not the Civil Act, but the Military Personnel Management Act, and the Ministry of National Defense shall apply.

6. The 25. The enforcement date of the 25. War Veterans Management Guidelines was February 27, 1998, and accordingly, the deceased B was killed in action as of April 14, 1998 and was disposed of as of January 1, 1999 following the year. Thus, the plaintiff is not a person ex post facto.

(B) In addition, the amendment of the Civil Act already acquired the status of the adopted child before the abolition of the ex post facto adoption system, and continued to hold the status of the adopted child as the adopted child, and the Plaintiff and his bereaved family members, including the Defendant, issued a written notification of death (a written confirmation of death) on May 24, 201 by the negligence of the State, including the Defendant, confirm the death of the deceased B. As such, the amendment of the Civil Act and the Act on Persons of Distinguished Services to the State should be retroactively applied to the scope of bereaved family members of the person of distinguished service to the State (this Chapter

B. The judgment of the court of first instance is that B was deceased on September 13, 1950, and the plaintiff was adopted after the adoption of the deceased B on January 23, 1964 and entered in the family register. Thus, the deceased B is presumed to have died during the Korean War before the adoption date of the plaintiff. Meanwhile, the circumstances that the deceased B was disposed of as of April 14, 1998 are merely that the deceased B was disposed of as the war dead in terms of honorable treatment by the military, and it is apparent that the deceased B was not the date of death or death as of January 1, 1999, and there is no evidence to prove that the deceased B was alive after the adoption date of the plaintiff, as alleged by the plaintiff.

Therefore, insofar as it is difficult for the Plaintiff to recognize that he was adopted before the death of the deceased B, it does not constitute a bereaved family member under the Act on Persons of Distinguished Service

2. The judgment of this Court

A. In light of the legal principles and circumstances cited by the judgment of the court of first instance, the Plaintiff is deceased B-B.

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