(영문) 서울행정법원 2016.5.19. 선고 2015구합12434 판결

The Committee for the Investigation of Damage from Forced Mobilization during the Time of the Counter-Japan and the Support for Victims, etc. of Mobilization of Military Force (hereinafter referred to as the "Committee") shall revoke the decision to pay consolation money, etc. to the Plaintiff (Appointed Party) on November 20, 2014 and the designated parties indicated in the attached list.

Reasons

1. Details of the disposition;

A. B was born, from around 1943 to 1945, a person who was forced to be mobilized as a worker in coal mines located in Japan by Japanese colonial rule, and returned to the Republic of Korea. B died on August 16, 2004 (hereinafter “B”).

B. The Appointer D was the deceased’s wife, and the Plaintiff (Appointed Party), E, F, G, and H were the deceased’s children. On June 20, 2012, the Plaintiff (Appointed Party) made an application to the Committee for the payment of consolation benefits to the Plaintiff (Appointed Party) who is the deceased’s bereaved family member, and D, E, F, F, and G according to the Special Act on the Support for Force Mobilization of Military Force Mobilization during the Time of Man-Japanese Dispute and Forced Mobilization Victims, etc. (hereinafter “Compulsory Mobilization Investigation Act”), on the ground that “the deceased was killed after he was injured during the forced mobilization period by the deceased.” From around September 29, 1943 to August 29, 2014, the Committee made a request for the payment of consolation benefits to the deceased’s bereaved family member, and the deceased’s family member’s family member was forced to mobilize the deceased’s members to work in the mine of Japanese region by the date on which the deceased’s physical disability was forced by the deceased’s first class 1 and second class 4th Ga.

C. On September 2, 2014, the Plaintiff (Appointed Party) filed an objection with the purport that “the deceased’s physical disability grade constitutes class No. 3, etc., and thus, the consolation benefits of KRW 20 million should be paid.” The Plaintiff (Appointed Party) filed an objection to the foregoing, and then included the Appointed who was not included in the bereaved family as the deceased’s bereaved family member at the time of the first application, as the deceased’s bereaved family member. The Committee revoked ex officio the decision to pay the consolation benefits on the ground that “The Appointed Party (Appointed Party) and the designated parties are further confirmed as the deceased’s child” on the ground that “The Plaintiff (Appointed Party) and the designated parties are equally divided into KRW 3 million (hereinafter “instant decision”).

D. On December 30, 2014, the Plaintiff (Appointed Party) filed an application for reexamination of the instant decision with the same purport as that of the instant objection. However, on July 24, 2015, the commission decided that the Plaintiff (Appointed Party)’s application for reexamination was dismissed on the ground that there was no reason to modify the instant decision.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 3 and 5 to 7, the purport of the whole pleadings

2. Whether the decision of this case is legitimate

A. The plaintiff (appointed)'s assertion

The Deceased’s physical disability was cut to a high-tension line installed in the coal mine in Japan, where he was subject to compulsory use in the coal mine, and the part of math and head was considerably deteriorated, and caused a great injury to the time immediately before the death. The Deceased was able to receive medical treatment, but his consciousness was recovered due to the post-treatment, but the Deceased was not mobilized at the time of Korean War, which was the main business, and the Deceased did not have been mobilized at the time of Korean War, and he was unable to lead a normal life. Accordingly, the Deceased’s physical disability grade is based on Article 3(1) and [Attachment Table 1] of the Enforcement Decree of the Force Mobilization Investigation Act, and Article 3(1) and [Attachment Table 1] of the Enforcement Decree of the Force Mobilization Investigation Act, and thus, the deceased’s physical disability grade should be determined to be 00 won and 300 won, and thus, the 3000 won and 14th grade of the deceased’s physical disability should be determined as 100 won and 300 won.

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

1) Article 4 subparag. 2 of the Compulsory Mobilization Investigation Act provides that, if a person suffers from an injury due to forced mobilization abroad, consolation money equivalent to the amount determined by Presidential Decree, considering the degree of disability not exceeding 20 million won per victim of the compulsory mobilization overseas, shall be paid to the victim or his/her bereaved family members of the victims of the mobilization overseas. In addition, Article 3(1) of the Enforcement Decree of the same Act provides that the amount of consolation money under Article 4 subparag. 2 of the same Act shall be determined according to the physical disability grade [Attachment Table 1] and the consolation money payment table in [Attachment Table 2] under Article 4 subparag. 2 of the same Act. Article 3(2) of the Enforcement Decree of the same Act provides that, if there are two or more parts of the physical disability, the amount of consolation money shall be determined according to [Attachment Table 1], [Attachment 2], and [Attachment Table 3] of the Enforcement Decree of the same Act.

2) Inasmuch as there is no dispute between the parties as to whether the Deceased was forced to be mobilized as a worker in Japan, and having been suffering from a negotisis, it is recognized that there exists a physical disability of Grades XII and XIV in the disability grade as shown in the above [Attachment Table 1]. In addition, if there are at least two parts of the physical disability and the grade of physical disability is Grades XII and XIV, it constitutes a comprehensive evaluation grade 12 in accordance with the above [Attachment Table 3]. Furthermore, it falls under the above recognition of the physical disability grade as well as Grade I, II, III, and VII: (a) persons whose physical disability remains obvious and obvious enough to recognize that there remains a physical disability of Grade III or IV other than those of Grade 1 in the above [Attachment Table 1], and those whose physical disability remains obvious enough to recognize that there remains a physical disability of Grade III or IV (the designated parties) with the exception of those whose physical disability remains of Grade III or IV, and those whose physical disability remains obvious enough to recognize that there remains a obvious physical disability of Grade 3 or 6 (the remaining physical disability of Grade III).

3) If so, it is difficult to deem that the instant decision, which determined the amount of consolation benefits based on the recognition as class 12 of the Deceased’s physical disability as class, was inconsistent with the relevant laws and regulations. Therefore, the instant decision is lawful.

3. Conclusion

Therefore, the plaintiff (Appointed Party)'s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.