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(영문) 창원지방법원 2016.11.08 2014구합22517
국가유공자 및 보훈보상대상자 비대상결정 취소
Text

1. The instant lawsuit was terminated by the Plaintiff’s death on December 25, 2015.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Navy on August 7, 1980 and was discharged from the retirement age on March 31, 2014.

B. On May 7, 2014, the Plaintiff applied for registration of a person who rendered distinguished services to the State on the ground that he/she applied for high blood pressure, urology, urology, melting, brain flaging, acute flaging, and terminal flag (5) to the Defendant.

C. On September 17, 2014, the Defendant rendered a disposition against the Plaintiff that he does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation, and the Plaintiff filed the instant lawsuit seeking revocation of the said disposition.

C. The Plaintiff died on December 25, 2015 while the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2, 3 and 17, the purport of the whole pleadings

2. The right to be registered as a person of distinguished service to the State and his/her bereaved family members under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act") and to receive various kinds of benefits, such as educational benefits, is a right recognized as a person who satisfies requirements prescribed by the Act and whose registration has been determined by

However, in order to promote the stabilization of livelihood and improvement of welfare by providing honorable treatment of persons who have rendered distinguished services to the State and persons who have rendered distinguished services to the State as well as support for the military police, etc. equivalent to those who have rendered distinguished services to the State, their rights shall not be transferred or seized to others, and shall not be offered as security (Article 19 of the Act), and the scope and precedence of bereaved family members or families entitled to receive a pension shall be separately provided (Article 5 of the Act). In light of the above, the scope and precedence of bereaved family members entitled to a pension shall not be subject to inheritance (Articles 12 and 13

(See Supreme Court Decision 2010Du12262 Decided September 30, 2010, etc.). Accordingly, the instant lawsuit was concluded simultaneously with the Plaintiff’s death, and is succeeded by the heir.

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