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(영문) 서울행정법원 2016.08.26 2016구합1820
위로금등지급신청기각결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff asserted that B (hereinafter referred to as “the deceased”) who was referred from May 1938 to July 1939, 1939 forced mobilization to an airfield located in the country of Man, and suffered from obstacles to the post-explication. On June 9, 2014, the Plaintiff filed an application for consolation money under Article 4 of the Special Act on the Investigation into Force Forced Mobilization and Support for Victims of Mobilization of Overseas Forced Mobilization, etc. (hereinafter referred to as “the Committee”), but the Committee rejected the Plaintiff’s application on June 25, 2015 on the ground that “the deceased cannot confirm the fact that he was mobilized overseas, and thus the deceased does not constitute a victim of forced mobilization overseas.”

(hereinafter “instant disposition”). (b)

On September 7, 2015, the Plaintiff dissatisfied with the instant disposition, filed an application for review with the commission on September 7, 2015, but the commission dismissed the said application on the ground that no new fact exists to reverse the instant disposition on December 17, 2015.

C. On December 31, 2015, the Defendant succeeded to the affairs under the jurisdiction of the commission upon the expiration of the term of the commission.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The entry in the relevant statutes are as shown in the attached statutes;

(b) From April 1, 1938 to August 15, 1945, Article 2 subparag. 3 (a) and Article 4 subparag. 2 of the Compulsory Mobilization Investigation Act shall be paid consolation money to a person who suffered an injury due to an injury prescribed by Presidential Decree during or during the period of forced mobilization into the Republic of Korea (victim of compulsory mobilization into the Republic of Korea) and forced mobilization abroad by a worker, etc. under Japanese colonial rule, taking into consideration the degree of the relevant disability.

The term "" is defined as ".

In addition, pursuant to Article 27 (1) of the Compulsory Mobilization Investigation Act and Article 24 (1) 4 of the Enforcement Decree thereof, a person who intends to receive consolation money shall be punished.

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