Whether the subject of a claim for compensation under the Act on the Compensation for Persons who performed Special Military Missions includes a person who loses the nationality of the Republic of Korea after obtaining a foreign nationality (affirmative)

The Act on the Compensation for Persons who performed Special Military missions and the Enforcement Decree of the same Act do not provide for the provision that no compensation shall be paid to persons who performed a special military mission or the provision on the premise thereof. The purpose of the Act is to promote the stability of the lives of persons who performed a special military mission and their bereaved family members by compensating for the special military mission and their bereaved family members for the necessary compensation (Article 1). It does not seem to vary depending on the nationality of the persons who performed a special military mission at the time of applying for compensation, etc. for the existence of special sacrifice in the past or the need for compensation. According to the Act on the Immigration and Legal Status of Overseas Koreans, the Government shall provide overseas Koreans with necessary support so that they do not receive unfair regulation and treatment within the Republic of Korea (Article 4). The Republic of Korea grants overseas Koreans the right to receive compensation under the provisions of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State or the Act on the Honorable Treatment of Persons of Distinguished Services to the State (Article 16). In light of this Act’s special purpose and purpose of compensation for the State.

Articles 1 and 2(1)2 of the Act on the Compensation for Persons who performed Special Military Missions, Articles 4 and 16 of the Act on the Immigration and Legal Status of Overseas Koreans

Plaintiff (Attorney Clinical Han-soo, Counsel for the plaintiff-appellant)

Persons of Special Military Service Compensation Deliberation Committee

June 15, 2007

1. The decision to dismiss the application for compensation, etc. made by the defendant against the plaintiff on October 10, 2005 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. The plaintiff was originally a national of the Republic of Korea who was admitted to the Navy on January 17, 1964 and discharged from military service on August 18, 1968.

B. Thereafter, around October 1974, the Plaintiff became a U.S. resident and lost the nationality of the Republic of Korea by acquiring the U.S. nationality on April 16, 199.

C. On February 24, 2005, the Plaintiff, while serving in the military, transferred to the MDU as the MDU located in Incheon on or around June 196, applied for payment of compensation, etc. under the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Act”) on the Compensation for Persons who performed Special Military Missions on the ground that he performed the following duties:

(1) On March 1968, 1968, Yido, Yi-si, Incheon, Yi-do, under training for infiltration and return-out in the inshore, led to the collision between the mother line and the kneeee.

(2) On April 1968, at the early port of the Yellow Sea Sea State in the early port of the Republic of Korea, developed an air route for infiltration.

(3) At the end of April 1968, North Korean Yellow Sea Japan performed observation and overlapping mission.

(4) On June 21, 1968, the military guard station of North Korea, located at the port of Yellow Sea from North Korea, carried out kidnapping and writing at the military guard station of North Korea.

D. However, the Defendant rendered a decision to dismiss the Plaintiff’s above application on October 10, 2005 on the ground that the Plaintiff’s performance of the said special duties was recognized, but the Plaintiff lost the Republic of Korea’s nationality by acquiring the U.S. nationality (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5 and 6, each of the statements and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The parties' assertion

(1) The plaintiff's assertion

The subject of the claim for compensation under the Act is not limited to a person who is a national of the Republic of Korea at the time of filing the claim for compensation, etc., and the instant disposition is unlawful on a different premise.

(2) The defendant's assertion

In light of the fact that there is no special provision on whether a person who performed a special military mission who lost the nationality of the Republic of Korea by acquiring a foreign nationality, the right to claim compensation under the law of a person who performed a special military mission constitutes a social fundamental right under the Constitution, and Article 16 of the Act on the Immigration and Legal Status of Overseas Koreans does not specify compensation under the law as one of the compensation which a foreign nationality Korean can receive, the subject of the right to claim compensation under the law is limited to a person who is a national of the Republic of Korea at the time of applying for

B. Relevant statutes

It is as shown in the attached Form.

(c) Markets:

The Act and the Enforcement Decree stipulate the requirements for compensation for persons who perform special duties, methods of calculating compensation, procedures for compensation, etc., and it is not clear whether the person who acquired foreign nationality after performing special duties as the plaintiff is included in compensation, and whether the person who has lost Korean nationality is recognized as compensation.

Therefore, it does not provide for the provision that no compensation shall be paid to persons who performed a special military mission, or the provision on the premise thereof. ② The purpose of this Act is to promote the stabilization of the livelihood of persons who performed a special military mission and their bereaved family members and contribute to the unity of the nation by compensating for the special military mission and their bereaved family members (Article 1). It does not seem to vary depending on the nationality of the persons who performed a special military mission at the time of applying for compensation for the existence of a special sacrifice in the past or the need for compensation. ③ Under the Act on the Immigration and Legal Status of Overseas Koreans, the Government shall provide overseas Koreans with necessary support so that they do not receive unfair regulation and treatment within the Republic of Korea (Article 4). Under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State or the Act on Honorable Treatment of Persons of Distinguished Services to the State or the Honorable Treatment of Persons of Distinguished Services to the State (Article 16). In light of the legislative purpose of this Act, compensation or compensation under the Act can be interpreted differently as the Act as the subject of compensation.

Therefore, the prior disposition of this case is illegal on the premise different from the above interpretation.

3. Conclusion

Therefore, the plaintiff's claim seeking the cancellation of the disposition of this case is reasonable, and it is so decided as per Disposition with the assent of all Justices.

Judges Central Public-Private Partnership (Presiding Judge) Dozers