(영문) 서울행정법원 2016.5.20. 선고 2015구합77011 판결

On July 24, 2015, the Committee for the Investigation of Damage from Forced Mobilization and Support of Victims of Mobilization by Foreign Force Mobilization (hereinafter referred to as the "Committee") shall revoke the decision to dismiss the payment of consolation money, etc. to the Plaintiff on July 24, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff’s father, father B (hereinafter referred to as “the deceased”), forced mobilization by Japanese colonial rule, served as a civilian military employee in the military unit located in the Southern-gun Truck Island from August 2, 1942 to February 20, 1946, and returned to Korea, and died in around 1978.

B. On February 12, 208, the Committee on Inspection of the Truth of Forced Mobilization Damage, which succeeded by the Committee, decided on February 12, 2008 to be a victim of forced mobilization under the Japanese colonial rule pursuant to Article 17 of the Special Act [repealed by Article 6 subparagraph 1 of the Addenda of the Special Act on the Investigation of Forced Mobilization, etc. (hereinafter referred to as the “Compulsory Mobilization Investigation Act”) on March 22, 2010].

C. On June 30, 2014, the Plaintiff applied for the payment of the outstanding amount subsidy to the instant commission established under Article 8 of the Compulsory Mobilization Investigation Act, as stipulated under Article 5 of the Compulsory Mobilization Investigation Act.

D. On July 24, 2015, the instant commission rendered a decision to dismiss the Plaintiff’s application pursuant to Article 22 of the Compulsory Mobilization Investigation Act on the ground that the deceased did not constitute a victim of the outstanding amount as stipulated in Article 2 of the Compulsory Mobilization Investigation Act, although it is recognized that the deceased was forced to be mobilized on a daily basis and forced a civilian military employee to return to his/her life, and that he/she returned to the Plaintiff.

E. Meanwhile, on December 31, 2015, pursuant to the proviso of Article 19(1) and Article 19(4) of the Compulsory Mobilization Investigation Act, the Defendant succeeded to the affairs under the jurisdiction of the said commission, the term of existence of the instant commission expires.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 3 through 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The instant commission acknowledged the fact that the deceased was mobilized on a daily basis and forced labor as a civilian military employee in the Southyang-gun Island. At that time, the commission did not seem to have provided the deceased with wage-related documents. The Compulsory Mobilization Investigation Act provides that the victim of the outstanding amount may be recognized by comprehensively taking into account all the facts at the time through a field investigation, etc., and comprehensively considering all the circumstances. Accordingly, the instant disposition was unlawful on the ground that the said document was not verified in a situation where it appears that there was no actual existence.

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

C. Determination

According to Article 2 subparag. 5 and Article 5 of the Compulsory Mobilization Investigation Act, the term "amount of the outstanding amount" means the amount of the wages, various allowances, solatium, or relief fees, etc. (hereinafter referred to as "amount of the outstanding amount") that could have been paid to a Japanese company, etc. in return for the forced mobilization of a worker, etc. abroad from April 1, 1938 to August 15, 1945, which was not paid to a person determined as a victim by the Committee of this case or his/her bereaved family members. Article 5(1) of the Compulsory Mobilization Investigation Act provides that the amount of the outstanding amount of the outstanding amount that a victim of the outstanding amount could have been paid from a Japanese company, etc. shall be converted into Korean currency 2,000 won in Korean currency at the time of the compulsory mobilization Investigation Act.

In addition, Article 27(1) of the Compulsory Mobilization Investigation Act and Article 24(1)5 of the Enforcement Decree of the same Act provide that a person who intends to receive the outstanding amount shall submit evidentiary data verifying that he/she is a victim of the outstanding amount. Even if the deceased was decided to be a victim of forced mobilization under the Japanese colonial rule on February 12, 2008, the plaintiff, a bereaved family member of the deceased, should prove that he/she was unable to receive the outstanding amount after he/she was forced to be mobilized overseas as a worker under the Japanese colonial rule based on deposit-related data, specifications, etc. prepared by Japan, etc. or other documents.

However, there is no evidence to acknowledge that the deceased was unable to receive the outstanding amount as above. The plaintiff's assertion is without merit.

3. Conclusion

The plaintiff's title is without merit, and the costs of the lawsuit are dismissed, and it is so decided as per Disposition by the plaintiff as the losing party.