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(영문) 서울행정법원 2018.04.19 2017구합85108
보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that B was a victim mobilized by force during the period of the Japanese-Japan War, and the Plaintiff was determined to pay KRW 23 million in total as compensation for damage to B, such as the victims of forced mobilization of force during the period of the Japanese-Japan War and the victims of forced mobilization of force abroad (hereinafter “instant committee”).

However, on the basis of the fact that the plaintiff lost materials about KRW 20 million, the defendant argued that the committee of this case decided to pay KRW 3 million of injury injury consolation benefits to his bereaved family members, and that the defendant shall pay KRW 23 million to the plaintiff.

2. The defendant's judgment on the defendant's main defense does not include the scope of bereaved family members under Article 3 (1) of the Special Act on the Investigation into Force Forced Mobilization and Support for Victims, etc. of Mobilization of Foreign Force Mobilization (hereinafter "Compulsory Mobilization Investigation Act") as the plaintiff's satisf in B, and therefore, the defendant asserts that the plaintiff has no standing to sue because there is no legal interest in claiming payment of compensation for damage to B.

However, the lawsuit of this case is a party suit seeking payment of consolation money against the defendant under the Compulsory Mobilization Investigation Act on the premise that the decision to pay consolation money under the Act on the Forced Mobilization Investigation against B was made, and the issue of whether the plaintiff, who is the rash, can seek consolation money to the defendant including the scope of bereaved family members under the Forced Mobilization Investigation Act shall be determined within the main issue. Thus, the defendant's main

3. Article 3(1) of the Compulsory Mobilization Investigation Act provides that “A bereaved family member” in this Act refers to a person determined as a bereaved family member pursuant to Article 8(3) and 6, who falls under the spouse and children, parents, grandchildren, brothers and sisters, among victims subject to compulsory mobilization by overseas force, or relatives of a deceased or missing person.

and the same law;

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