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(영문) 서울행정법원 2019.01.18 2018구합111
위로금등지급신청기각결정 취소
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff (BB) is the deceased C (hereinafter “the deceased”).

B. On July 11, 2005, the Plaintiff: (a) filed a report of forced mobilization under the Compulsory Mobilization Investigation Act (hereinafter “the instant report”) with a victim of forced mobilization under Article 19(1) of the Act on Support for the Investigation of Damage Caused by Forced Mobilization and Forced Mobilization Victims, etc. (the committee continued until June 30, 2015 pursuant to Article 19(1) of the said Act; and (b) thereafter, succeeded to the duties of the Defendant; and (c) did not distinguish the Committee from the Committee and the Defendant; and (d) filed a report of forced mobilization under the Forced Mobilization Investigation Act (hereinafter “the instant report”) by asserting that “the deceased was forced to have been mobilized on a daily basis and forced to have been mobilized as labor workers; and (d) the Defendant determined that “the deceased was forced to have been mobilized by Japan and forced to have forced forced mobilization from February 1, 194 to December 20, 2012, and forced the Defendant to return to Japan’s life from Japan.”

C. On January 24, 2014, the Plaintiff filed an application with the Defendant for payment of consolation money under Article 27 of the Compulsory Mobilization Investigation Act (hereinafter “instant first application”) by asserting that “the deceased constitutes a victim of forced mobilization by force that was mobilized by the deceased under the Japanese system and caused an injury to a foreign country.”

On March 26, 2015, the Defendant’s dismissal of the first application of this case on the ground that it is recognized that the deceased was forced by Japan from 1941 to 1942 to forced labor in an infinite mine located in the French land and returned to Korea, but there is no ground to recognize the fact of suffering from an injury or disease during the compulsory mobilization period or during the process of returning to Korea.”

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