억류지 출신 포로가족 등록 신청 중단 처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is North Korean defectors who escaped from North Korea on September 8, 2008 and entered the Republic of Korea on July 30, 2010.
B. On September 5, 2014, the Plaintiff is a Plaintiff or a soldier of the Republic of Korea to the Defendant.
6. A soldier who participated in the war on March 25, 1997 and was detained in North Korea and died on March 29, 1997 (hereinafter “the deceased”).
In accordance with Article 6 of the Act on the Repatriation and Treatment of ROKAF prisoners of war, the court filed an application for registration as a family member of prisoners of war from the place of detention.
C. On September 9, 2010, the Ministry of National Defense had conducted a test to compare and analyze the genes of the Plaintiff and the deceased, a woman, following the Plaintiff’s entry into the Republic of Korea. The aforementioned gene analysis results that “the results of genetic testing alone cannot determine whether to have any genetic relationship with the Plaintiff and C,” and even around October 7, 2010, the said gene analysis results in a test to compare and analyze the genes of the Plaintiff and the deceased. However, the said gene analysis results in the said gene analysis test that “the possibility that the Plaintiff and D are the same biological father is excluded.”
Accordingly, on September 11, 2014, the Defendant rendered a disposition rejecting the registration of the Plaintiff as a prisoner of war on the ground that the relationship between the Plaintiff and the deceased cannot be acknowledged in light of the results of the aforementioned gene analysis test.
E. On May 14, 2018, the Plaintiff filed an application with the Defendant for re-registration of the Plaintiff as a prisoner of war from the place of detention (hereinafter “instant application”). On May 17, 2018, the Defendant issued a document to the effect that “A gene analysis test was conducted, and the Plaintiff’s result was excluded from the possibility that the Plaintiff would be the same as the Deceased.” As such, the procedure for registration could not proceed as now, the Plaintiff cannot obtain additional data and send them to the Ministry of National Defense, and proceed with the procedure for registration (hereinafter “instant document”).