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

A. B (the spouse of the Plaintiff) was forced to be mobilized as a labor force in Mana City in Japan on January 25, 1945 and returned to the Republic of Korea around August 1945, and died on August 10, 1993.

B. Around July 2010, the Committee for the Investigation of Damage from Forced Mobilization during the Time of the Counter-Japan and for the Support of Victims, etc. of Forced Mobilization of Military Forced Mobilization (hereinafter “Compulsory Mobilization Investigation Committee”) decided B as “victim of Forced Mobilization during the Time of the Counter-Japan” pursuant to the Special Act on the Investigation into Force Forced Mobilization and Support of Victims, etc. of Forced Mobilization of Foreign Forced Mobilization (hereinafter “Compulsory Mobilization Investigation Act”).

C. On June 26, 2014, the Plaintiff filed an application for payment of consolation money under Article 4 of the Compulsory Mobilization Investigation Act with the compulsory mobilization investigation committee. On October 16, 2015, the compulsory mobilization investigation committee dismissed the application on the ground that “B is recognized as being forced to be a worker under the Japanese system and returned to the Republic of Korea, but there is no ground to acknowledge the fact that the injury or disease was damaged during the period or during which it was returned to the Republic of Korea.”

(hereinafter “instant disposition”) D.

On December 31, 2015, the defendant succeeded to the jurisdiction of the compulsory mobilization investigation committee pursuant to Article 19(4) of the Compulsory Mobilization Investigation Act after the period of existence of the compulsory mobilization investigation committee expires.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-6, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that “victim of forced mobilization in a foreign country” under Article 2 subparag. 3(a) of the Compulsory Mobilization Act is deemed to be a victim of forced mobilization inasmuch as he/she died after he/she liveded for a long time due to a pulmonary disease that occurred while being mobilized by force

Therefore, the instant disposition that was otherwise determined is unlawful.

3. Determination

(a) as shown in the Attachment of the relevant statutes;

B. Article 2 subparag. 3 (a) and Article 4 subparag. 2 of the Compulsory Mobilization Investigation Act on the legitimacy of the instant disposition are labor workers based on the Japanese system between April 1, 1938 and August 15, 1945.