2014Guhap7506 Action to revoke the decision and decision

A

The Minister of Government Administration

March 4, 2016

March 18, 2016

1. The Defendant’s disposition to dismiss the payment of consolation benefits, etc. issued to the Plaintiff on October 16, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On March 29, 2014, the Plaintiff asserted that it constitutes a bereaved family member as a victim of compulsory mobilization in foreign countries, and filed an application for consolation money, etc. with the Committee to Support Victims, etc. of Mobilization of International Forced Mobilization (hereinafter “the Committee”).

B. On October 16, 2014, the instant commission rendered a decision to dismiss the payment of consolation money, etc. pursuant to Article 22 of the same Act on the ground that it does not constitute a bereaved family member under Article 3 of the Special Act on the Support for Force Mobilization and Forced Mobilization, Etc. (hereinafter “Compulsory Mobilization Investigation Act”) on the ground that it does not confirm the relationship between the Plaintiff and B and his bereaved family members (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 11, the purport of the whole pleadings

2. Related statutes;

It is as shown in the attached Table related statutes.

3. Whether the instant disposition is lawful

In addition to the whole purport of the pleading in Gap evidence No. 5, the plaintiff can recognize the fact that the plaintiff was born between Eul and the net C, a victim of overseas compulsory mobilization.

The Plaintiff is a child of B and constitutes a bereaved family member under Article 3 of the Compulsory Mobilization Investigation Act. The instant disposition issued on a different premise is unlawful.

4. Conclusion

The plaintiff's claim is justified and accepted.

The presiding judge, the Korean Judge;

Judges Kim Gin-young

Judges Yoon Jin-sik

A person shall be appointed.