logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.07.27 2017구합88466
국가보상 비대상자 결정처분취소
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, a spouse of the deceased B (hereinafter “the deceased”), filed an application with the Defendant for payment of compensation under Article 10(1) of the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Specialized Child Compensation Act”) by asserting that “the deceased was identified by the person in charge of the Information Headquarters as being a person who performed a special military mission and thus entitled to compensation.”

(hereinafter “instant application”). (b)

On March 28, 2017, the Defendant dismissed the instant application on the ground that “the deceased has performed a special mission or received no education and training therefor.”

(hereinafter “instant disposition”). C.

The Plaintiff asserted that “the deceased has received education and training from the intelligence unit and carried out his duties several times to his children,” and applied for re-deliberation pursuant to Article 13(1) of the Act on the Special Child Compensation.

On August 29, 2017, the Defendant rendered a decision of dismissal on the ground that “The fact that the deceased served as an assistant in a military intelligence unit is confirmed, but it is confirmed that the deceased has performed a special mission or received education and training therefor.”

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6 to 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following, the Plaintiff’s assertion that the deceased had invadedd his children and her relatives in North Korea more than 38 percent before her birth, and that the investigator C of the Information Headquarters expressed that the deceased would be entitled to compensation pursuant to the Specialized Child Compensation Act as a person who performed a special military mission. As such, the deceased constitutes a person who performed a special military mission under the Specialized Child Compensation Act.

Therefore, the instant disposition should be revoked as it is unlawful on a different premise.

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

(c) fact of recognition 1.

arrow