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(영문) 서울행정법원 2016.09.09 2016구합2274
위로금등지급신청기각결정취소
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. The Plaintiff asserted that B (hereinafter referred to as “the deceased”) mobilized from around 1940 to August 1945 to the Southern-Gun branch located in Malaysia, and forced mobilization of Malaysia to the south-Gun branch located in Malaysia, and that he returned to the leg and was subject to legacy and mental stress on May 8, 1987. On June 13, 2014, the Plaintiff filed an application for consolation money under Article 4 of the Special Act on the Investigation into Forced Mobilization, etc. of Damage by Force Forced Mobilization and Support for Victims, etc. of Mobilization of Overseas Forced Mobilization (hereinafter “the Committee”).

However, on July 24, 2015, the commission rejected the application for payment of consolation money on the ground that “The deceased is recognized as having returned to a foreign country after forced mobilization, but there is no ground to recognize that the deceased suffered an injury or disease.”

(hereinafter “instant disposition”). (b)

On October 7, 2015, the Plaintiff dissatisfied with the instant disposition and filed an application for review with the Committee. However, the Committee dismissed the said application on December 17, 2015 on the ground that “the instant disposition was not likely to be modified.”

C. On December 31, 2015, the Defendant succeeded to the affairs under the jurisdiction of the commission upon the expiration of the term of the commission.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The entry in the relevant statutes are as shown in the attached statutes;

B. Article 2 Subparag. 3 (a) and Article 4 Subparag. 2 of the Act on the Compulsory Mobilization of Military Personnel, Military Personnel, Labor Personnel, etc., forced mobilization abroad between April 1, 1938 and August 15, 1945, and thereby suffering from an injury prescribed by Presidential Decree during such period or during the process of returning to the Republic of Korea (victim of compulsory mobilization by overseas).

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