The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The Special Act on the Investigation into Forced Mobilization during the Time of War and Support for Victims of Mobilization of Overseas Forced Mobilization during the Time of War (hereinafter “Compulsory Mobilization Investigation Act”) provides that a person who was killed or went missing, or a victim or his/her bereaved family members of a person who was wounded during or during the period of forced mobilization of military personnel, civilian personnel in the military service, labor personnel, etc. or during the period of overseas mobilization from April 1, 1938 to August 15, 1945 shall be subject to certain consolation benefits, etc. (Articles 2 and 4). Article 7 subparag. 4 provides that a person who did not have the nationality of the Republic of Korea (Article 7 subparag. 4) is excluded from the provision.

The Compulsory Mobilization Investigation Act was enacted in 1965 for the purpose of resolving problems regarding property and claims between the Republic of Korea and Japan and providing consolation money, etc. at a humanitarian level with respect to the Agreement on Economic Cooperation between the Republic of Korea and Japan, with the aim of recovering their suffering and contributing to national unity by providing the victims of forced mobilization overseas before and after the Pacific War with compensation money, etc. In addition, the aforementioned Act was intended to provide consolation money, etc. at a humanitarian level in order to recover the suffering of the victims of forced mobilization of Japan under special circumstances such as the Pacific War, along with the legislative intent and the developments leading up to the enactment of the aforementioned Act, specific subjects of support and details thereof such as consolation money, etc.