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(영문) 서울행정법원 2016.10.07 2015구합79789
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 as a magazon from January 13, 1944 to December 22, 1945, which was forced from January 13, 194, and that he/she died of approximately three months due to legacy after he/she returned to the accommodation of prisoners of war. On June 12, 2014, the Plaintiff filed an application for the payment of consolation money under Article 4 of the Special Act on the Investigation into Force Forced Mobilization and Support for Victims, etc. of Mobilization of International Force Mobilization (hereinafter referred to as “the Committee”).

B. On October 16, 2015, the commission dismissed the application for the payment of consolation benefits for disability on the ground that “The deceased is recognized as having returned to a foreign country after forced mobilization, but there is no ground to acknowledge the fact that the deceased suffered disability from injury during the compulsory mobilization period or in the process of returning to the Republic of Korea.”

(hereinafter “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 1, 2, Eul evidence Nos. 1, 5, 13 through 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

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

B. Article 2 Subparag. 3 (a) and Article 4 Subparag. 2 of the Compulsory Mobilization Investigation Act provide that “The consolation benefits shall be paid in consideration of the degree of disability to persons who suffered disability due to an injury prescribed by Presidential Decree during the period of forced mobilization abroad between April 1, 1938 and August 15, 1945.”

In addition, pursuant to Article 27 (1) of the Compulsory Mobilization Investigation Act and Article 24 (1) 4 of the Enforcement Decree of the Act, a person who intends to receive consolation money shall submit evidentiary materials to confirm that he/she is a victim of compulsory mobilization by overseas.

The Plaintiff.

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