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(영문) 서울행정법원 2014.07.18 2013구합57617
특수임무수행자보상금등지급신청거부처분취
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 11, 2008, the Plaintiff filed an application for the payment of compensation pursuant to Article 10 of the Act on the Compensation for Persons who performed Special Military Operations (hereinafter “Act”) on the ground that “The Plaintiff was forced by the Water Center B (hereinafter “the deceased”) on June 1951 and died while serving as the North Korean Empartist.”

B. On May 28, 2013, the Defendant dismissed the application on the ground that “the deceased did not have worked in the military intelligence unit.”

(hereinafter “instant disposition”). C.

On June 12, 2013, the Plaintiff appealed and filed an application for reexamination, but was dismissed by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was enforced on June 1951, 1951, and the Defendant’s assertion was drafted for the overlap unit of the Water Center HID.

On June 7, 1951, the Deceased received education from a person who performed a special military mission in the intelligence unit located in Jinjin-gu, Jinsung-gun, Gangwon-do, and invested him in the area of the People's Republic of Korea and performed a special military mission.

On October 1951, the deceased died after the enemy's infiltration, resulting in injury to the General of People's Forces during his return to the Gangwon-gu Hospital.

Therefore, the deceased constitutes a person who performed a special military mission under Article 2(1)2 of the Act, and thus, the instant disposition is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. (1) The Plaintiff is the deceased’s children of the type D.

On September 14, 2012, the Plaintiff stated to the investigator belonging to the Defendant as follows:

The Republic of Korea was 3 South and North under the Ma, Mamo Fs, and 3 South and North Korea were d, and the South and South were the deceased.

At the time of the birth, the father and the son were the horses, and all of the women in the school were blicked, and they were aware that they were flick, and they were applied for compensation.

The deceased’s intelligence units shall belong to the intelligence units.

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