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(영문) 서울행정법원 2018.05.02 2017구단79625
국가유공자 등록거부처분 등 취소청구의 소
Text

1. The instant lawsuit was terminated by the Plaintiff’s death on March 26, 2018.

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

Reasons

1. Facts of recognition;

A. On March 1, 2008, the Plaintiff is serving as Second Lieutenant in the Army of the Republic of Korea and is serving concurrently in information and communication.

A person discharged from active service on January 31, 2015 is a person discharged from active service by subrogation.

B. On June 27, 2016, the Plaintiff filed an application for registration with the Defendant for registration of a person who has rendered distinguished services to the State on the basis of “autical marity” as an application for registration.

C. On October 19, 2016, the Defendant rendered a disposition against the Plaintiff that it does not meet the requirements for persons who rendered distinguished services to the State and persons eligible for veteran’s compensation (hereinafter “instant disposition”). D.

The plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed.

E. The Plaintiff filed the instant lawsuit seeking revocation of the instant disposition.

F. The Plaintiff died on March 26, 2018, while the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 3, 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 livelihood stability and welfare improvement of persons who have rendered distinguished services to the State by providing honorable treatment of their persons who have rendered distinguished services to the State and 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).

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