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(영문) 서울행정법원 2019.06.21 2018구합7266
보상신청 거부처분 취소
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. On April 19, 2016, the Plaintiff, the deceased’s spouse of the deceased B (CB; hereinafter “the deceased”), filed an application for payment of compensation with the Defendant pursuant to Article 10 of the former Act on the Compensation for Persons of Special Military Missions (amended by Act No. 16360, Apr. 23, 2019; hereinafter “Special Child Compensation Act”) on the ground that the deceased constitutes a person who performed a special military mission under Article 2(1)2 of the same Act.

(hereinafter “instant application”). (b)

On August 28, 2018, the Defendant rendered a decision to dismiss the instant application on the ground that “the deceased is not recognized to have received education and training or performed special duties in relation to the special duties.”

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. On December 8, 1950, the deceased’s summary of the Plaintiff’s assertion that he completed military education and training under the control of the military intelligence liaison officer of the 8th group, which falls under the “military intelligence unit” under the Act on the Compensation for Special Economic Crimes.

6. 25. 25. At the time of the Korean War, a person who performed a special military mission under the Special Child Compensation Act is deemed to be a person who performed a special military mission.

Nevertheless, the instant disposition made on the premise that the deceased does not constitute a person who performed a special military mission is unlawful.

B. Determination 1) The Act on the Compensation for Persons of Special Services provides for necessary compensation to persons who have made a special sacrifice for the nation in relation to a special military mission and their bereaved family members, thereby promoting the stability of the lives of persons who performed a special military mission and their bereaved family members and contributing to the unity of the nation (Article 1 and the above "special military mission" refers to activities that require a special sacrifice for the nation for the purpose of collecting information in a specific form, and the "person who performed a special military mission" refers to activities that require a special sacrifice for the nation for the purpose of collecting information in a specific form, and during the period from March 6 to December 31, 202 for the Army.

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