'Grandson Unable to Receive Veterans' Benefits Despite Grandfather Being an Independence Activist'

"If the order of bereaved family members is the same, the elder prevails" legal regulation
Grandchildren lose lawsuit against the Veterans Affairs Office

A descendant who sought to have their late grandfather recognized as an independence meritorious person and registered as such was denied the application for veterans' pension benefits and subsequently lost an administrative lawsuit. Although the court acknowledged the grandson's efforts to register his grandfather as an independence meritorious person, it ruled that the grandfather could not be considered as someone 'mainly supported' by the applicant.

Daegu District Court Photo by Yonhap News

According to Yonhap News on the 15th, Judge Heo Ihun of the Daegu District Court's administrative division dismissed the lawsuit filed by A, a grandchild of an independence meritorious person, against the Daegu Regional Veterans Affairs Office, seeking cancellation of the decision that excluded him from the veterans' pension benefit recipients.

The judgment states that A’s grandfather (1886?1937) was posthumously awarded the Presidential Citation for Independence Meritorious Service in August 2022 and registered as an independence meritorious person (patriot). During this process, A claimed to have made efforts over many years by collecting and researching materials to prove his grandfather’s merits, and took charge of managing his grandfather’s grave by performing annual memorial rites and clearing the grave site. He also stated that he promoted ‘commemoration projects’ by publicizing his grandfather’s achievements through broadcasting programs, celebrating the joy that came 85 years after his grandfather’s death.

A applied to the Daegu Veterans Affairs Office to be designated as a recipient of veterans' pension benefits. However, the Daegu Veterans Affairs Office prioritized B, an older grandchild, as the primary recipient of the veterans' pension benefits and decided that A was not eligible for the benefits.

According to the current Independence Meritorious Persons Act, when an independence meritorious person dies, compensation is paid to one prioritized surviving family member, with the order being spouse, children, grandchildren, and daughter-in-law. If there are two or more survivors of the same rank, the older person is given priority, but if there is a person who mainly supported the independence meritorious person, that person is given precedence. Based on this regulation, the Daegu Veterans Affairs Office designated B, who is older than A, as the recipient of the veterans' pension benefits.

A eventually filed a lawsuit against the Daegu Veterans Affairs Office. In court, he argued, "Grandchildren of independence meritorious persons are not the generation that can actually provide support, so I made efforts to reveal the merits of the independence meritorious person and have managed the grave, memorial rites, and clan property after his death, thus I qualify as the 'main supporter'." He also stated, "B lived a life with no connection to the grandfather."

The court stated, "It is recognized that the deceased was posthumously honored as a meritorious person for the independence movement thanks to A’s efforts," but added, "This alone cannot be interpreted as the plaintiff having supported the deceased." The court ruled, "The decision by the Daegu Regional Veterans Affairs Office to designate B, the older grandchild, as the recipient of the veterans' pension benefits is lawful."

This content was produced with the assistance of AI translation services.