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(영문) 서울행정법원 2017.01.13 2016구합8241
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. On June 23, 2014, the Plaintiff asserted that the deceased B (hereinafter referred to as “the deceased”) was forced to be mobilized as a military factory in the Republic of Korea, and was suffering from injury while living as a worker, and filed an application for the payment of consolation benefits under Article 4 of the Special Act on the Investigation of Force Force Force Mobilization during the Time of World War and the Support for Victims, etc. of Mobilization of Overseas Force Mobilization (hereinafter “Committee”), but the Committee rejected the Plaintiff’s application on October 16, 2015 on the ground that it is impossible to determine whether the forced mobilization was damaged by the deceased’s forced mobilization.

(hereinafter “instant disposition”). (b)

On December 18, 2015, the Plaintiff dissatisfied with the instant disposition and filed an application for reexamination with the commission on December 18, 2015, but the commission dismissed the said application on July 22, 2016 on the ground that no new fact exists to reverse the instant disposition.

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, Gap evidence No. 4-1, 2, and Gap evidence No. 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was unlawful in the instant disposition rejecting the Plaintiff’s claim for consolation money even though the Plaintiff fell under the bereaved families of the victims of forced mobilization under the Compulsory Mobilization Investigation Act, because the Deceased was forced to be mobilized to a Japanese military factory in the Republic of Korea and forced to live as a labor force.

B. Article 4 of the Compulsory Mobilization Investigation Act provides that "victims who died or were missing due to compulsory mobilization to a foreign country" shall be subject to consolation benefits during the period from April 1, 1938 to August 15, 1945 when forced mobilization to a foreign country and forced mobilization to labor personnel, etc. under the Japanese colonial rule, and returned to the country or during the period.

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