2015Guhap79789 Decision to dismiss an application for payment of consolation money, etc.

A

The Minister of Government Administration

September 23, 2016

October 7, 2016

1. The plaintiff's claim is dismissed.

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

The decision to dismiss the payment of consolation benefits to the Plaintiff on October 16, 2015 shall be revoked by 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.

1. Details of the disposition;

A. On January 13, 1944, from January 13, 194 to December 22, 194, the Plaintiff asserted that B (hereinafter referred to as “the deceased”) forced the mobilization of B (hereinafter referred to as “B”) to a magazon, and that he/she died of approximately three months due to legacy after he/she returned to a prisoner of war, and that he/she died of approximately three months due to legacy. On June 12, 2014, the Plaintiff filed an application for payment of consolation money under Article 4 of the Special Act on the Investigation into Force Forced Mobilization and Support for Victims, etc. of Mobilization of Foreign Force Mobilization (hereinafter referred to as “the Committee”).

B. On October 16, 2015, the commission rejected the application for payment of consolation benefits for disability (hereinafter “instant disposition”) on the ground that the deceased’s forced mobilization to a foreign country is recognized as having returned to the country, but there is no ground to recognize that the deceased suffered from an injury during the compulsory mobilization period or in the process of returning to the Republic of Korea.

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 Nos. 1, 5, 13 through 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) Relevant statutes;

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

(b) judgment;

From April 1, 1938 to August 15, 1945, Article 2 subparag. 3 (a) and Article 4 subparag. 2 of the Compulsory Mobilization Investigation Act provide that "the person who suffers from a disability due to an injury prescribed by Presidential Decree during the period of compulsory mobilization into the Republic of Korea or during the process of returning to the Republic of Korea by a soldier, a civilian military employee, a worker, etc." (Article 2 subparag. 3 (a) and Article 4 subparag. 2 of the Enforcement Decree of the Compulsory Mobilization Investigation Act provides that "the person who intends to receive consolation money shall submit evidentiary materials verifying that he/she is a victim of the compulsory mobilization into the Republic of Korea."

The data submitted by the Plaintiff alone is insufficient to recognize the fact that the deceased was disabled during the period in which he was mobilized by force or during the period of returning to Korea (According to the evidence No. 4, No. 9, and No. 10, the father’s name tag prepared at the time when the deceased was detained as a prisoner of war is indicated as “Good” at the time of arrest), and there is no data to recognize the degree of disability. The instant disposition is legitimate.

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.