보상금등지급신청기각결정취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs, as their bereaved family members of the deceased G (hereinafter “the deceased”), filed an application with the Defendant for the payment of compensation under the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “the Compensation for Persons who performed Special Military Missions”) on the ground that “the deceased was admitted to the First Site Dispatch of the I Unit No. 1, which is the Army intelligence unit, and was dispatched to North Korea as of June 1951.”
B. On April 25, 2017, the Defendant dismissed the instant application on the ground that “it is confirmed that, as a result of the confirmation of relevant data and the comprehensive deliberation of the survey, the deceased performed a special mission in a intelligence unit or received no education and training related thereto,” the Defendant dismissed the instant application.
(hereinafter “Disposition in this case”). / [Ground of recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 9, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. On June 1951, 1951, the deceased asserted that he was killed while called up to the First Ground of the First Ground of the I Unit, the first Site Dispatched in Jinju-ri, which was organized by the First Ground of the I Unit, and received approximately two weeks of information collection guidelines for North Korea, during education, and performing special duties, such as intelligence activities.
Nevertheless, the defendant was subject to the disposition of this case on the ground that the deceased did not perform special duties or received education and training in the intelligence unit, which is unlawful and thus should be revoked.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Article 1 of the Act on the Compensation for Persons who performed Special Military missions provides that “The purpose of this Act is to promote the stability of the lives of persons who performed special military missions and their bereaved family members and contribute to the unity of the nation by compensating persons who performed special military missions and their bereaved family members, who have made an extraordinary sacrifice to the nation in relation to a special military mission.” Article 2(1)1 of the Act provides that “The purpose