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(영문) 의정부지방법원 2015.07.29 2014구단6171
국가유공자 유족 비해당 결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 21, 2007, the deceased B (C students; hereinafter “the deceased”) was registered as a person of distinguished service to the State and received compensation under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act”), and died on December 2, 2010.

B. On September 5, 1978, the Plaintiff completed a marriage report with the Deceased on September 5, 1978, and maintained the marital life with 1 South and North 4 women under the supervision of the Deceased, and was married with the Deceased on June 21, 2006.

C. On October 5, 2010, the Plaintiff completed the marriage report with the Deceased on October 5, 2010.

The Plaintiff asserted that the deceased’s spouse, as a spouse under the law, constitutes a bereaved family member who has rendered distinguished services to the State, and the Defendant applied for registration of bereaved family members to the Defendant. On September 26, 2014, the Plaintiff determined the Plaintiff as a person who does not constitute a person who has rendered distinguished services to the State on the ground that “the judgment was null and void on October 5, 2010 between the deceased and the deceased,”

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] without dispute, Gap evidence 2, Eul evidence 1 (including each number; hereinafter the same shall apply) and the whole purport of pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is the legal spouse of the deceased who duly completed the marriage report, who is a bereaved family member of a person of distinguished service to the State who shall receive compensation pursuant to Article 5(1)1 of the Act. The Defendant’s disposition based on a different premise is unlawful.

(b) The scope of bereaved family members or families of persons who have rendered distinguished services to the State who receive compensation pursuant to this Act shall be as follows:

1. Spouse;

2. Children;

3. Parents;

4. Grandparents who have no lineal adult descendant;

5. Minor siblings who have no lineal ascendant under 60 years of age and no adult sibling. (2) In the case of a spouse falling under paragraph (1) 1, a person in a de facto marital relationship shall be included.

Article 6 (Registration and Determination) (1)

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