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(영문) 서울행정법원 2018.06.21 2017구합66893
보상금청구기각처분 취소 청구의소
Text

1. On April 12, 2017, the Defendant’s decision to dismiss the application for payment of compensation filed against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a person of the deceased B (hereinafter “the deceased”), filed an application with the Defendant for compensation by deeming the deceased as a person who performed a special military mission under Article 2(1)2 of the Act on the Compensation for Persons who performed Special Military missions (hereinafter “Specialized Services”), on the ground that “the deceased was affiliated with the D Area in C from May 1953 to December 12 of the same year, and was engaged in activities that require special sacrifice for the nation with the aim of gathering information about specific details and form, such as the performance of emotional duty, the enemy’s death, and the collection of information as the F. E.,” and “the deceased was engaged in activities that require special sacrifice for the State (hereinafter “special military mission”).

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”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 1, and purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s original name was “G,” but the name was entered into “B” after the 625 War, and the official work record of “G” exists in the official work record (hereinafter “I”) and the official work record of H in the Yellow Sea-gun J in the Yellow Sea-gun (hereinafter “I”). However, the deceased’s permanent domicile is the Yellow Sea-gun K in the Yellow Sea-gun, and the deceased’s working period in the L unit (from February 1951 to February 2, 1954) and the deceased’s work record partially overlap, but there are many cases where the official work record is recorded in the official work record of M (hereinafter “M”) which appears to be a type-related relationship with I and A (hereinafter “M”).

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