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(영문) 대구지방법원 2017.07.14 2017구단393
독립유공자보훈급여금수혜자취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. C, as the person of distinguished services to the national independence awarded the Order of Merit on October 25, 194, died on October 25, 194, and D, his children, succeeded to Australia.

B. Meanwhile, D was a child, E (1935, South Korea), Plaintiff (1942, Female), B (1948, South Korea), F (1953, Female), G (1956, Female), H (1957, South Korea), I (1959, South Korea), and J (1962, South Korea). However, D died on February 2, 199, and F died on September 7, 1974.

C. During that period, D died on June 4, 2004, and as the remaining son gave up the succession to the head of the family by B, H, I, and J, K succeeded to Australia. D

The Defendant paid compensation under the Act on Honorable Treatment of Persons of Distinguished Services to the National independence to D's children of the deceased persons of distinguished services to the national independence (hereinafter referred to as the "Act on Honorable Treatment of Persons of Distinguished Services to the national independence"), and when D died as above, the Defendant changed the beneficiary of compensation to D's children B as of June 24, 2004

(hereinafter “instant disposition”) e.

The Plaintiff filed on March 21, 2017 the instant lawsuit seeking the cancellation of the instant disposition and the change of the beneficiary from B, alleging that he/she himself/herself is a woman of the deceased D's priority.

(f) Contents of relevant statutes are as follows:

Article 12 (Pension) of the former Act on the Persons of Distinguished Services to the National independence (amended by Act No. 7792 of Dec. 29, 2005)

However, a grandchild shall be limited to a grandchild who is the householder of the person of distinguished services to the national independence who died on or before August 14, 1945, and where there is no grandchild who is the householder at the time of application for registration, a pension shall be paid to one grandchild of senior child and the right to receive this pension shall not be transferred to another grandchild.

(3) The order of priority of bereaved family members to receive a pension shall be the order under each subparagraph of Article 5 (1) and the persons whose name is entered in another family register shall be the order following the persons under Article 5 (1) 4.

(4) The persons whose name is entered in another family register shall take the order of children and grandchildren, and others.

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