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(영문) 대구지방법원 2019.06.14 2018구단11093
독립유공자 주로부양자 비해당결정 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 23, 1982, the Plaintiff’s father, who was awarded the Order of Merit for National Foundation (hereinafter “the deceased”), was registered as a member of distinguished services to national independence under the Act on Persons of Distinguished Services to Independence (hereinafter “Act on Persons of Distinguished Services to Independence”). The deceased’s spouse D (the deceased on August 22, 2015), F (1954), G (1955), H (1955), H (195), 1 (1963), J (1966), K (1969), L (the deceased on September 29, 2017), and died on September 29, 2017.

B. Around October 2017, the Plaintiff filed an application with the Defendant to designate the deceased as a senior bereaved family member who mainly supported the deceased. However, the Defendant rendered a decision on May 30, 2018 as to whether the Plaintiff is a bereaved family member of the persons of distinguished services to the national independence (hereinafter “instant disposition”) with respect to the Plaintiff, according to the result of the deliberation of the Board of Patriots and Veterans Entitlement that the Plaintiff does not mainly supported the deceased, and determined E as a senior bereaved family member who is an extended child of the deceased.

C. On August 22, 2018, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 25, 2019.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 3 and 6, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as the head of South Korea, supported his family including the deceased for a long time, and the Plaintiff and the Plaintiff’s spouse, M were the deceased living together with the deceased for about three years from February 26, 2015 to the time the deceased died. The Plaintiff is a person who actually supported the deceased, and the degree of support also constitutes “a person who mainly supported an independent person” under Article 12(4)1 of the Act on the Persons of Distinguished Services to the National independence, and thus, the instant disposition made on a different premise is unlawful, notwithstanding that it constitutes “a person who mainly supported an independent person.”

(b)in addition to the relevant laws and regulations;

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