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(영문) 서울고등법원 2015.11.04 2014누56866
재심의결정통지처분취소
Text

The instant lawsuit was terminated by the Plaintiff’s death on February 26, 2015.

Purport of claim and appeal

1..

Reasons

Judgment ex officio is made.

According to the purport of Gap evidence Nos. 1 through 4, the defendant, at the request of the plaintiff, who is an infant of the deceased B on March 24, 2011, determined that the deceased constitutes a victim of forced mobilization during the period of a large-scale defense pursuant to Article 26 of the Special Act on Support for the Force Mobilization of Forced Mobilization, etc. (hereinafter “Compulsory Mobilization Investigation Act”), and the plaintiff applied for payment of consolation money under Article 4 of the Force Mobilization Investigation Act on July 201, but the defendant filed an appeal against the defendant on November 23, 2012 on the ground that "no ground exists to recognize the fact that the deceased suffered from an injury during the period of forced mobilization or in the course of returning to the Republic of Korea," and the plaintiff filed a lawsuit seeking cancellation of the disposition of this case on January 3, 2014, and the court of first instance appealed the plaintiff's appeal against the plaintiff's death on June 26, 2014.

However, the right to receive consolation money, outstanding amount subsidies, medical allowances, etc. registered as a victim of compulsory mobilization and bereaved family members during the time of a dispute under the Compulsory Mobilization Investigation Act is a right recognized as a person whose registration is determined by the defendant's decision by satisfying the requirements prescribed by the Compulsory Mobilization Investigation Act.

However, in order to relieve the suffering and contribute to the unity of the people by supporting consolation money from a humanitarian point of view to forced mobilization victims, bereaved family members, etc. during the period of a dispute, the right is a personal and continuous right granted to the individual concerned so that it cannot be transferred, offered or seized to others as security (Article 31 of the Compulsory Mobilization Investigation Act), and the compulsory mobilization Investigation Act separately prescribes the scope or the order of bereaved family members entitled to consolation money, etc.

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