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(영문) 서울행정법원 2019.12.12 2019구합4172
생활조정수당지급신청관련비해당취소
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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The father B of the Plaintiff (hereinafter referred to as “the deceased”) participated in the Korean War as the 11st century around February 1951.

On September 2009, the Deceased was registered as “the Korean War War Veterans” under Article 4(1)9-2 of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 10471, Mar. 29, 201).

On February 26, 20151, C, the Plaintiff, filed an application for the registration of bereaved family members of the State with the Defendant on June 24, 2016, asserting that “the deceased was killed after having participated in the pestary operations conducted by the 11st head of the 11st armed forces, and was killed in the war,” and that “The deceased was confirmed the fact that he participated in the Korean War as the 11th of the 11th of the 1951, but it is difficult to recognize that he died in combat action or in the performance of duties corresponding thereto,” the Defendant notified C of the decision corresponding to the expenses of bereaved family members of the State to C on December 26, 2016 in accordance with the resolution of the Board of Patriots and Veterans.”

On July 24, 2017, C filed a lawsuit with the Seoul Administrative Court (2017Gudan67165) seeking revocation of the above disposition of refusal of the bereaved family member of a person who has rendered distinguished services to the State. On January 12, 2018, C declared a judgment accepting C’s claim, and became final and conclusive on February 6, 2018.

According to the above final judgment, the plaintiff and C were registered as the bereaved family members of soldiers and policemen.

On November 6, 2018, the Plaintiff filed an application with the Defendant for payment of cost of living allowance.

On January 10, 2019, the Defendant conducted an investigation into the standard of living with the Plaintiff, and on January 10, 2019, rendered guidance on the application for the payment of cost of living allowances (non-applicable) to the Plaintiff, stating that “the Plaintiff determined the Plaintiff’s income to be ineligible for livelihood improvement support

(hereinafter “instant disposition”). Accordingly, the Plaintiff filed an objection with the Defendant on January 22, 2019, and the Defendant decided on March 15, 2019 that the Plaintiff was eligible for support on the same ground as the instant disposition.

'' notified the content.

On the other hand, the Plaintiff’s bereaved family.

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