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(영문) 대전고등법원 2015.08.13 2015누10979
유골묘역안장거부취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) The Non-party B, the father of the Plaintiff, (hereinafter “the deceased”), was drafted as a labor force by the Japanese colonial system around February 1945, which was not kept until now until now until February 5, 1945, and was transferred to the Russia’s dead island, but did not return to the Republic of Korea even after January 5, 197, and died at the local site where the Russia died.

The harm of the Sheet deceased was placed in the cemetery located in the Russcop city in the Russcop city of Russia at that time, but there was no diplomatic relation with Russia, and no particular measure was taken against the harm within the cemetery or cemetery.

Article 2(1) of the Act on the Investigation of Forced Mobilization during the Period of Japanese War and Support for Victims of Mobilization of Military Force on March 22, 2010 (hereinafter “Compulsory Mobilization Investigation Act”), a Support Committee (hereinafter “Support Committee”) was established under the jurisdiction of the Prime Minister to collect and analyze data domestically and overseas in relation to forced mobilization damage and to investigate, discover, and deliberate on matters concerning the investigation of harm related to forced mobilization damage during the period of Japanese War, and search and decide on the case of search and seizure of the victims of forced mobilization during the period of Japanese War under the jurisdiction of the Prime Minister. As a result, the above Support Committee was punished for negotiations on the repatriation of harm to the victims of forced mobilization during the period of Japanese War between the Russian and the two years ago, and the deceased’s remains were returned to the Republic of Korea on August 30, 2013.

Then, the Plaintiff, as the deceased’s funeral, is a grave manager and the deceased’s funeral. On July 26, 2013 and August 30, 2013, the Plaintiff filed an application for burial with the Defendant requesting the Defendant to remove the remains of the deceased’s remains in the deceased’s boomment of movable property. On July 30, 2013, the Defendant was inside the remains of the deceased’s body with the Minister of Health and Welfare.

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