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(영문) 대법원 2016.08.25 2016두38969
국가유공자유족비해당결정취소
Text

The instant lawsuit was concluded upon the Plaintiff’s death on April 27, 2016.

Plaintiff

. The successor to a lawsuit.

Reasons

Judgment ex officio is made.

According to the records, the plaintiff, as the wife B of the Korea Youth Association, participated in the sugar operations as soon as possible as the members of the Korea Youth Association, but went to live in the village on September 9, 1949 on the ground that he cooperateed with the military police around September 9, 1949. Thus, the defendant constitutes a person of distinguished service to the State. However, on May 16, 2014, the defendant decided that the plaintiff was not a bereaved family member of a person of distinguished service to the State on the ground that specific and objective supporting materials are not confirmed to the effect that the plaintiff died in combat action or in the performance of duties corresponding thereto, or in the performance of duties or education and training directly related to the national defense security or the protection of the people's lives and property, on the ground that the plaintiff was not a bereaved family member of a person of distinguished service to the State. Although the plaintiff filed the lawsuit of this case against this, the court of first instance was sentenced in the judgment of loss of the plaintiff, and the judgment dismissing the appeal rendered at the court below.

The right to be registered as a person who has rendered distinguished services to the State and his bereaved family members and to receive various kinds of benefits, such as educational benefits, under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Act"), shall be a person who meets the requirements prescribed by the Act and whose registration has been determined by the Minister of Patriots and Veterans Affairs following a deliberation and resolution of the Board of Patriots and Veterans Entitlement, or whose right is recognized as a person who has rendered distinguished services to the State, by providing support to the honorable treatment of persons who have rendered distinguished services to the State and their bereaved family members and to the military police equivalent to those who have rendered distinguished services to the State

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