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(영문) 서울행정법원 2014.06.26 2013구합29209
특수임무수행자보상신청기각처분취소및보상청구
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. From March 25, 1953 to March 30, 1958, the Plaintiffs filed an application for the payment of compensation with the Defendant Committee by asserting that they belonged to the 5392 unit of the Air Force Special Stage from March 25, 1953 to March 30, 1958.

B. On March 27, 2012, the Defendant Committee rendered a decision to dismiss the said application (hereinafter “instant disposition”) on the grounds that the Plaintiffs worked for a foreign military unit (U.S. 6006 unit) and notified the Plaintiffs of the said decision on April 12, 2012.

C. Although the Plaintiffs filed a request for review of the foregoing dismissal ruling, the Defendant Committee dismissed the said request for retrial on September 25, 2012, and the said dismissal ruling was served on the Plaintiff C on October 11, 2012, and on October 12, 2012 on the Plaintiff A and B respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-2 through 4, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Although it is clear that the plaintiffs' assertion belongs to the 5392 unit of the Air Force Special Stage and carried out the North Korea Fair Trade Work, the defendant commission erred in the U.S. military unit by disregarding the documents submitted by the plaintiffs and letter of personal guarantee.

Therefore, the disposition of this case should be revoked illegally, and the defendant committee should pay compensation to the plaintiffs.

On the other hand, the defendant Prime Minister should be responsible for the direction and supervision following the appointment as the appointing authority who has appointed the members of the defendant committee.

B. Defendant Prime Minister’s Prime Minister’s determination as to the Prime Minister is not an administrative agency that issued the instant disposition, and thus, the Defendant is not qualified.

An appeal seeking the revocation of an administrative disposition shall be filed with the administrative agency that has issued such administrative disposition as defendant.

In addition, Articles 2 (Definition), 4 (Function of Committee), 11 (Payment Decision), and 13 (Review) of the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Act”), and 13 (Review).

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