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(영문) 서울행정법원 2017.04.13 2015구합72382
기타(일반행정)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 29, 2009, the Plaintiff applied for medical allowances to the Support Committee for forced mobilization damage investigation and victims, etc. of overseas compulsory mobilization victims, etc. (hereinafter “Compulsory Mobilization Investigation Committee”). On January 19, 2012, the Compulsory Mobilization Investigation Committee recognized the Plaintiff as a patient of overseas compulsory mobilization pursuant to Article 2 of the Special Act on the Investigation into Force Force Force Mobilization during the Counter-Japan War and the Support for Victims, etc. of Overseas Mobilization (hereinafter “Compulsory Mobilization Investigation Act”), and decided as a person eligible for medical allowances pursuant to Article 6 of the Compulsory Mobilization Investigation Act.

B. On February 13, 2013, the Plaintiff filed a request for re-investigation with the Compulsory Mobilization Investigation Committee on the grounds that the timing of compulsory mobilization and the region of mobilization are different from the fact. On December 19, 2013, the Compulsory Mobilization Investigation Committee: (a) the Plaintiff was mobilized under the Japanese colonial rule, and (b) forced mobilization from 1940 to 194 to 194; (c) returned to the Republic of Korea, and (d) revised the fact of damage; (b) recognized the Plaintiff as a prospective patient for compulsory mobilization and decided to be eligible for medical allowances.

C. The Plaintiff is receiving KRW 800,000 annually as medical allowances from 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-8 and the purport of whole pleadings

2. Determination on the cause of the claim

A. The main point of the Plaintiff’s assertion was that the Plaintiff had been forced by Japanese colonial rule and experienced physical and mental pains to the wind to work in an inferior environment, and was not paid the wages or remuneration for the labor union.

However, the Defendant entered into an agreement on the resolution of problems and economic cooperation between Japan and Japan in around 1965 (hereinafter “Agreement on Korea-Japan Claim”) with Japan, and KRW 300 million from Japan.

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