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(영문) 서울행정법원 2015.05.15 2014구합74299

위로금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 1943, the Plaintiff’s dies on June 11, 1944, when forced mobilization of the Plaintiff’s convicted B (CB, hereinafter “the deceased”) into a factory located in the Hai-Eup in the Hai-gun, Gyeongbuk-do, Hai-do, Hai-do, and provided labor.

B. On February 28, 2005, the Plaintiff reported damage to the forced mobilization of the deceased to the committee to ascertain the truth of the mobilization damage caused by Japanese colonial rule. On November 17, 2006, the committee to find the truth of the forced mobilization of the deceased under the Japanese colonial rule decided on November 17, 2006 as the “victim of forced mobilization under the Japanese colonial rule,” and the Plaintiff as the “bereaved family member” of the deceased.

C. On October 23, 2012, the Plaintiff filed a civil petition with the President Office to the effect that “only the victims and their bereaved family members of the mobilized of forced mobilization in the Republic of Korea during the Japanese War violate the principle of equality under the Constitution. Therefore, the Plaintiff shall pay consolation money, etc. to the victims and their bereaved family members of the forced mobilization within the Republic of Korea during the Japanese War, and if the Special Act on the Investigation into Force Forced Mobilization during the Japanese War and the Support for Victims, etc. of the Mobilization of Forced Mobilization Act (hereinafter “the Act on the Investigation into Forced Mobilization”) cannot apply mutatis mutandis to the compensation, the Plaintiff shall establish a special law to support the mobilization of victims, etc. of the domestic forced mobilization during the Japanese War,” and such civil petition was repealed by the Defendant [the Special Act on the Investigation into the Truth of the Truth of Forced Mobilization of Forced Mobilization during the Japanese War (the Act on March 22, 2010).

The "Special Act on Finding the Truth, etc. of Forced Mobilization Damage under the former Japanese colonial Rule" (hereinafter referred to as the "Special Act").

The Commission for Finding the Truth of Forced Mobilization under the Japanese colonial Rule established pursuant to the Act, and the Act on Support for Victims, etc. of Forced Mobilization before and after the previous Pacific War (amended on March 22, 2010, the Forced Mobilization Investigation Act was repealed on March 22, 2010.

(D) Following the Pacific War, the duties of the Committee to support the victims of forced mobilization in a foreign country were transferred to the Pacific War.

On October 30, 2012, the defendant is the title "civil petition reply (2027)", and it is against the victim of domestic compulsory mobilization under the current law.