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(영문) 서울고등법원 2021.01.07 2020누52575
순직유족급여 지급(국가유공자배우자보상금공제)처분 취소
Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

The reasoning of the judgment of the court of first instance is as follows, except for the rejection or addition of the corresponding part of the judgment of the court of first instance, and thus, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, this is accepted by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act

【The above veteran’s compensation amount shall be paid to a person who falls under any of the following subparagraphs at the end of the last sentence of the 3th page.”

Provided, That this shall not apply to persons excluded from the eligibility for compensation under this Act or other Acts.

1. Soldiers or police officers wounded in action or on duty, wounded in action or on duty, wounded in the April 19 Revolution, or interest accruing from special contributions;

2. One person in the first priority among the bereaved family members, in cases where a soldier who was employed in the school in Japan and such soldier dies;

3. One person in a first priority among bereaved family members of a deceased soldier or policeman killed in action, soldier or policeman killed in action, deceased in action, or deceased in the April 19 Revolution, or a person who died in special service;

4. Where a person determined at a higher grade than that prescribed by Presidential Decree among those falling under subparagraph 1 dies, the person’s bereaved family members falls under “military police in the line of duty” under Article 1(1)1 of the first priority order, and the Plaintiff was paid to the Plaintiff since the Plaintiff falls under “where the military police in the line of duty died” under subparagraph 4 of the same paragraph.

“” shall be added.

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The difference between the two parties is also revealed in the reasons for payment.

A bereaved family compensation prescribed by the Pension for Public Officials Act refers to a case where a public official dies on official duty, dies of a disease or injury incurred in performing official duty, or dies of such disease or injury within three years after his/her retirement (Article 61(1)). On the contrary, Article 12 of the Act on Persons of Distinguished Services to the State is applicable.

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