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(영문) 서울행정법원 2019.02.20 2018구합6829
특수임무수행자보상금부지급결정 취소
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 April 19, 2016, the Plaintiff filed an application with the Defendant for payment of compensation, etc. pursuant to Article 10 of the Act on the Compensation for Persons of Special Military Missions, as the deceased’s bereaved family members, on the ground that the deceased’s husband B (the deceased on April 7, 2001, hereinafter “the deceased”) served in the Army D District, a intelligence unit, from March 1951 to October 1954, while serving in the Army D District, which was a intelligence unit, twice.

B. On August 28, 2018, the Defendant rendered a decision to dismiss the Plaintiff’s above application on the ground that “The deceased did not have any record record that he performed a special mission during the period of the 625 War, and was working in the military intelligence unit even after the closure, but was confirmed to have performed a special mission or received any training related thereto, and thus, it was confirmed that there was no objective fact that he performed a special mission or received any training related thereto.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, entry of Eul No. 5-2, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was on March 1952, from around October 1955 to around October 1954, while serving in the two areas of the Army intelligence unit (C Unit) D District D, and around April 1952 during the period of 625 war, the Plaintiff performed a special mission once in the Empire, and worked as a cooking staff only from around October 1953 to around October 1954.

In fact, around November 2002, the Plaintiff confirmed that the Deceased performed the above two special missions by the Information Headquarters Special Civil Petitions Compensation Deliberation Committee (hereinafter “Review Committee”) and received compensation of KRW 42,820,000 in total.

Nevertheless, the Defendant’s failure to perform the above special duties is nothing more than a rest.

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