위로금등지급결정취소및 재심의지급결정
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Details of the disposition;
A. B was born and forced to be mobilized as a worker in coal mines located in Japan from 1943 to 1945 by Japanese colonial rule, and returned to the Republic of Korea.
B died on August 16, 2004
(hereinafter referred to as “the deceased”). B
The Appointor D is the deceased's wife, and the plaintiff (Appointed Party) and the Appointor E, F, G, and H are the deceased's children.
On June 20, 2012, the Plaintiff (Appointed Party) filed an application with the Committee for the payment of consolation money to the Plaintiff (Appointed Party) who is the deceased’s bereaved family member pursuant to the Special Act on the Investigation into Force Forced Mobilization and Support for Victims of Overseas Forced Mobilization, etc. (hereinafter “Compulsory Mobilization Investigation Act”) on the ground that “the deceased died after he/she died after he/she was injured during the compulsory mobilization period.”
On August 29, 2013, the Committee: (a) recognized the fact that the deceased was forced to be mobilized as a worker on the coal mine located in Japan from September 1943 to August 1945 due to the reduction of the deceased’s forced mobilization from September 1943 to August 29, 1945; and (b) in accordance with the Compulsory Mobilization Investigation Act and its Enforcement Decree, it constitutes a complex disability of class 13 and class 14 subparagraph 9 of the physical disability grade; and (c) determined the deceased as a victim of compulsory mobilization overseas falling under class 12 of the physical disability grade; and (d) decided that the deceased’s total sum of KRW 600,000,000 shall be paid as consolation money for the plaintiff (appointed party), E, F, and G.
C. On September 2, 2014, the Plaintiff (Appointed Party) filed an objection with the purport that “the deceased’s physical disability grade constitutes class 3, etc., and thus, the consolation benefits of KRW 20 million should be paid.”
The Plaintiff (Appointed Party) filed the above objection and included H as the deceased’s bereaved family member at the time of the first application.
On November 20, 2014, the Committee shall additionally add H as a child of the deceased.