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.

C. 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 Force (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 of Forced Mobilization during the Time of Counter-Japan and Support for Victims, etc. of Forced Mobilization of Military Forced Mobilization (hereinafter “Compulsory Mobilization Investigation Act”).

C. On June 26, 2014, the Plaintiff filed an application for payment of the amount above the amount stipulated 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 mobilized as a worker under the Japanese system and returned to the Republic of Korea, but there is no ground to recognize 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 affairs under its jurisdiction pursuant to Article 19(4) of the Compulsory Mobilization Investigation Act, upon the expiration of the period of existence of the forced mobilization investigation committee.

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

2. Summary of the plaintiff's assertion

B As a result, as a result of a pulmonary disease that occurred while being mobilized by force and serving as a worker under the Japanese colonial rule, it constitutes “victim of mobilization of the Republic of Korea” under Article 2 subparag. 3(a) of the Compulsory Mobilization Investigation Act. Therefore, the disposition of this case otherwise determined is unlawful.

3. Determination

A. Relevant statutes

It is as shown in the attached Form.

B. Whether the instant disposition is lawful

Article 2 subparag. 3 (a) and Article 4 subparag. 2 of the Compulsory Mobilization Investigation Act provide that "the consolation money shall be paid to a person who has suffered a disability due to an injury prescribed by Presidential Decree during the period of compulsory mobilization to a worker, etc. and forcedly mobilized abroad from April 1, 1938 to August 15, 1945 (victim of compulsory mobilization to a foreign country) in accordance with the Japanese colonial rule, taking into consideration the degree of such disability." Article 2 of the Enforcement Decree of the Compulsory Mobilization Investigation Act provides that "an injury prescribed by Presidential Decree" means an injury that has been sustained to cause permanent loss or decrease of labor force and a disease recognized by the subcommittee for disability grade determination under Article 7 (1) subparag. 4 of the Enforcement Decree."

In addition, pursuant to Article 27 (1) of the Compulsory Mobilization Investigation Act and Article 24 (1) 4 of the Enforcement Decree of the Act, a person who intends to receive consolation money shall submit evidentiary materials to confirm that he/she is a victim of compulsory mobilization by overseas.

However, the data submitted by the Plaintiff alone is insufficient to recognize the fact of suffering from disability during the period of compulsory mobilization overseas by the Plaintiff or during the period of returning to Korea. Therefore, the instant disposition is lawful.

4. Conclusion

The plaintiff's claim is dismissed on the ground that it is without merit.

Judges Gambling Residents

Judges Kim Gin-han

A person shall be appointed.