2016Guhap1820 Revocation of dismissal of the application for payment of consolation money, etc.

A

The Minister of Government Administration

June 22, 2016

August 26, 2016

1. The plaintiff's claim is dismissed.

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

On December 17, 2015, the Support Committee for the Investigation of Damage from Forced Mobilization during the Time of the World War and the Victims, etc. of Mobilization by Foreign Force Mobilization shall revoke the decision to dismiss the payment of consolation benefits made against the Plaintiff.

1. Details of the disposition;

A. The Plaintiff alleged that B (hereinafter referred to as “the deceased”) was forcedly mobilized to an airfield located in the country from May 1938 to July 1939, 193, and suffered an obstacle to the legacy, and on June 9, 2014, filed an application for the payment of consolation money under Article 4 of the Special Act on the Investigation of Force Force Forced Mobilization, etc. of Forced Mobilization and Support for Victims, etc. of Mobilization of Overseas Forced Mobilization (hereinafter referred to as “the Committee”), but the Committee rejected the application of the Plaintiff on the ground that “the deceased does not constitute a victim of forced mobilization abroad” (hereinafter referred to as “disposition of this case”).

B. The Plaintiff dissatisfied with the instant disposition and filed an application for review with the commission on September 7, 2015, but the commission dismissed the said application on the ground that there was no new fact that could 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) Relevant statutes;

The entries in the attached Table-related statutes shall be as follows.

B. Determination

Article 2 subparag. 3 (a) and Article 4 subparag. 2 of the Compulsory Mobilization Investigation Act provide that "the consolation benefits shall be paid to a person who has suffered a disability due to an injury prescribed by Presidential Decree (victim of compulsory mobilization in a foreign country) during the period of compulsory mobilization into a foreign country or during the period of return from April 1, 1938 to August 15, 1945, considering the degree of such disability."

In addition, pursuant to Article 27 (1) of the Compulsory Mobilization Investigation Act and Article 24 (1) 4 of the Enforcement Decree of the Act, a person who intends to receive consolation money shall submit evidentiary materials to confirm that he/she is a victim of compulsory mobilization by overseas.

However, the data submitted by the Plaintiff alone is insufficient to recognize that the deceased was a victim who forced mobilization abroad. Therefore, the instant disposition is lawful.

3. Conclusion

The plaintiff's claim of this case is dismissed without merit, and the costs of lawsuit are assessed against the plaintiff who has lost. It is so decided as per Disposition.

The presiding judge and decoration;

Judges Lee Dong-gu

Judge Lee Ho-hoon

A person shall be appointed.

A person shall be appointed.