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(영문) 서울고등법원 2011.09.08 2010누46182
위로금등지급기각결정취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "no data exists" in Part 10 of Part 3 of the judgment of the court of first instance shall be deemed as "no data exists, and there is no data to be deemed that the plaintiff is included in the scope of bereaved family members entitled to consolation money," and "the relevant Acts and subordinate statutes added to this judgment" in the attached Form 1 of the judgment of the court of first instance shall be added to "relevant Acts and subordinate statutes" in the attached Form 6 of the judgment of the court of first instance, "the degree of injury of the deceased" shall be deemed as "the degree of injury of the deceased and the extent of bereaved family members," and "the degree of injury of the deceased" in Part 5 shall be added to "the degree of injury of the deceased and the extent of bereaved family members," and the following matters shall be added to "the second part 9 of Part 25 of the judgment of the court of first instance" (Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Additional Matters] Article 2 subparagraph 3 (a) of the Special Act provides that "Abiana and Article 2 subparagraph 3 (a) of the Special Act provides that "any person who was killed or missing due to forced mobilization abroad from April 1, 1938 to August 15, 1945 due to forced mobilization abroad by military personnel, civilian personnel in the military service, labor personnel, etc., or due to an injury prescribed by Presidential Decree during or during the period of the mobilization abroad or during or during the period of back from Korea, and who was determined as a victim of compulsory mobilization overseas pursuant to Article 8 subparagraph 6." Article 2 subparagraph 3 (a) of the Enforcement Decree of the Special Act provides that "an injury" means an injury that may cause permanent loss or decrease in the labor force and a disease for which the disability grade judgment subcommittee under Article 7 (1) 4 of the Special Act recognizes", and Article 3 (1) and [Attachment 1] and attached Table 2 of the Enforcement Decree of the Special Act provides that "the amount of injury shall be determined as a victim of compulsory mobilization overseas shall be determined as 50%."

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