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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.03.24 2014누7864
보상금환수결정처분취소
Text

1. Revocation of the first instance judgment.

2. On December 29, 2010, the Defendant’s decision to accept compensation money granted to the Plaintiff is revoked.

3...

Reasons

1. Under the circumstances of the disposition, the following facts do not conflict between the parties, or may be acknowledged in Gap evidence Nos. 1, 20, 30, 31, and Eul evidence Nos. 1 and 6 (including each number; hereinafter the same shall apply) by adding the whole purport of the pleadings.

On May 29, 2002, prior to the enactment of the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Specialized Compensation Act”), the Plaintiff applied for the payment of compensation to the Committee on Deliberation on Compensation for Special Civil Petitions under the Ministry of National Defense on the ground that “the Plaintiff, a member of the Specialized Civil Petitions of the Air Force Dica, was dispatched to North Korea on or around September 1952, 1952, and was performing a special mission.” However, the Committee notified the Plaintiff that “the Plaintiff was suspended from the payment of compensation because it was determined by the U.S. Air Force B unit” around March 2003.

B. On January 1, 2014, the Plaintiff filed an application for a retrial, and the Act was enacted, and thus the Defendant was in charge of the compensation work. On February 14, 2005, the Plaintiff filed an application for a payment of compensation with the Defendant on the ground that the Defendant performed the special duties under the Air Force D Special Stage, accompanied by documentary evidence, such as a letter of personal guarantee prepared by F, etc.

C. Around June 2007, the Defendant adopted an investigation report on the Plaintiff’s performance of special duties under the jurisdiction of the Air Force Aggravated, and decided to pay the Plaintiff KRW 114,043,420 on November 27, 2007, and paid compensation around that time.

However, while investigating F, etc. that the Defendant applied for the payment of compensation on the ground that he performed a special mission under the jurisdiction of the Air Force special stage, the Defendant secured a statement from F to F that “The cause of North Korea EF Information Society affiliated with the U.S. Air Force was employed as a local copier on or around July 1952, 195, and the Plaintiff was on duty in the U.S. military unit located in the EF Island after escape.”

E. Accordingly, the defendant ex officio re-examination against the plaintiff.

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