보상금증액
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B was killed in the Eastern District on March 27, 1957 while serving as the 3518 Army unit, a military intelligence unit, and serving as a special mission.
(hereinafter referred to as “the deceased”). B
On November 4, 2014, C, the deceased’s children, D, the Plaintiff, and E applied for the payment of compensation, etc. to the Defendant under the Act on the Compensation for Persons of Special Military Missions (hereinafter “Specialized Employment Compensation Act”).
After that, C, D, Plaintiff, and E selected the Plaintiff as the bereaved family representative pursuant to Article 16(2) of the Enforcement Decree of the Act on the Special Child Compensation.
C. On April 26, 2016, the Defendant rendered a decision to compensate the Plaintiff to pay KRW 277,503,580 to the Plaintiff with compensation, etc. under the Act on the Special Child Compensation (hereinafter “instant decision”).
The detailed details of the above 277,503,580 won calculated by the defendant are as follows.
1) Compensation: Special merit bonus of KRW 68,040,00 (36 months): 88,264,900 for the special merit bonus of KRW 61,00 for the performance of the duties: 27,179,400 for the special merit bonus of KRW 61,00 for the special merit bonus of KRW 61,00 for the performance of the duties: 121,198,680 for the special compensation of KRW 3: 100 for the bereaved family of KRW 121,198,680 for the special compensation of KRW 4: 5): No additional dues for the determination of payment for the mutual aid amount of KRW 100 for the non-existent special merit bonus of KRW 68,264,90 for the special merit bonus of KRW
2. Whether the decision of this case is legitimate
A. Article 2(1)2 of the Act on the Special Child Compensation for Persons of Distinguished Services refers to a person who was assigned to a military intelligence unit and performed a special mission or received education and training related thereto during the period prescribed by Presidential Decree between August 15, 1948 and December 31, 2002 (from March 6, 1951 to December 31, 2002) and who was recognized as a person who performed a special military mission pursuant to Article 4(2)1.
The provision provides that "bereaved family members" refers to a person who performed a special military mission's property heir under the Civil Act.
Article 3 of the Special Child Compensation Act provides that "A bereaved family member shall be at the time of the death of a person who performed a special military mission."