1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the addition to Paragraph 2 below of the judgment on the assertion that the plaintiff emphasizes again in the trial, and therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion was arrested to North Korean forces during the Korean War, and became a prisoner of war during the combat action, such as the transportation of a refugee during the Korean War, or the performance of duties corresponding thereto, and was detained in North Korea due to the violation of the historical system during which the decedent was detained in North Korea without repatriation pursuant to the procedures, such as the Agreement on the Exchange of Wars, and was detained in a political criminal accommodation, coal mines, etc., and died in a nutrition room around September 28, 1996. Thus, the causal relationship between the deceased’s duties and the death is recognized.

Therefore, the deceased is a soldier or policeman killed in action or on duty.

B. Although the deceased performed his duty as a railroad official at the time of the 625 War, it is difficult to recognize that the deceased was wounded in the course of performing his duty or during education and training, and North Korea itself cannot be viewed as different inasmuch as there is no assertion that the deceased sustained specific wounds during his/her duty.

In addition, even according to the plaintiff's assertion, the deceased was admitted to a political prison due to the violation of the Japanese colonial system after North Korea's abduction and died around September 1996. If he died while living for at least 45 years after his abduction, it is difficult to recognize the causal relationship between the deceased's performance of duties and the death.

According to the evidence No. 11, the deceased was awarded the Order No. 3 and a medal as a result of his contribution to the war by the North Korean authority, and the causal relationship between the deceased's performance of duties at the time of the Korean War and the acceptance of political prisons is even more.