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(영문) 서울고등법원 2018.12.14 2018누56390

보상금청구기각처분 취소 청구의소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff: (a) as the child of the deceased B (hereinafter “the deceased”); (b) on the ground that “the deceased was affiliated with the D zone located in C from May 1953 to December 12 of the same year, and was engaged in activities that require special sacrifice to the country for the purpose of collecting information in a specific form, such as emotional performance, red death, and collecting information (hereinafter “special military mission”); and (c) on the ground that “the deceased was engaged in activities that require special sacrifice to the country (hereinafter “special military mission”) with eight members of the F public works E, etc., and that he applied for compensation by deeming the deceased as a person who performed a special military mission defined in Article 2(1)2 of the Act on the Compensation for Persons who performed Special Military missions (hereinafter “Specialized Persons Compensation Act”).

B. On April 12, 2017, the Defendant dismissed the Plaintiff’s application for payment of compensation in accordance with Article 2(1)2 of the Special Child Compensation Act and Article 4(1)1 of the Enforcement Decree of the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Enforcement Decree of the Special Child Compensation Act”) on the ground that “as a result of confirmation of relevant data and comprehensive deliberation of the details of the investigation, the Deceased confirmed that there was no fact that he/she performed a special mission in the Korean military intelligence unit.”

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence No. 1, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was “G” but the name was changed to “B” after the 625 War.

G’s official work records on G include a book of co-production, the permanent domicile of which is H in Pyeongtaek-gu, Kimyang-nam (hereinafter “I”) and a book of co-production, the Yellow Sea-gun JI(hereinafter “I”). Although the deceased’s permanent domicile is the Y in Yellow Sea-gun, the deceased’s permanent domicile is the K of Yellow Sea-gun, the period during which the deceased performed his special duties (from February 1951 to February 1954) and the period during which the deceased performed his/her special duties overlap partially, it appears that the records of co-production overlap due to the characteristics of a person who performed a special military mission, but it appears that I and B are the relationship between I.