2015Nu69067 Revocation of dismissal of application for payment of consolation money, etc.

A

The Minister of Government Administration and Home Affairs (before revision: Investigation of Damage by Force Mobilization during the Time of Large Time Dispute and Overseas Lecture;

Support Committee for Mobilization Victims, etc.)

Seoul Administrative Court Decision 2015Guhap8206 decided November 12, 2015

June 8, 2016

June 29, 2016

1. On April 30, 2015, the decision to dismiss the application for payment of consolation money made to the Plaintiff on April 30, 2015 by the Support Committee for the Investigation of Damage from Forced Mobilization by Japanese War and the Mobilization Victims, etc.

2. All costs of the lawsuit shall be borne by the defendant.

1. Purport of claim

The same shall apply to the order.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Objects to be adjudicated by this Court;

After the judgment of the court of first instance was rendered, the Minister of Government Administration and Home Affairs had succeeded to the affairs under his jurisdiction after the expiration of the term of office of the committee to support the forced mobilization of victims, etc. of forced mobilization during the defense dispute and the victims of forced mobilization in foreign countries (hereinafter referred to as the "Committee"). Accordingly, this court corrected the

Therefore, a lawsuit against the previous defendant committee shall be deemed to have been withdrawn and a lawsuit against the new defendant against the Minister of Government Administration and Home Affairs was first brought (Article 14(4) and (5) of the Administrative Litigation Act). Thus, the subject of the judgment by this court is the plaintiff's claim against the

2. Quotation of judgment of the first instance;

The reasoning of this court's judgment is as follows: Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except where "the defendant" of the judgment of the court of first instance is deemed "the commission" as "the commission".

3. Conclusion

Thus, the plaintiff's claim against the defendant is reasonable, and the disposition of this case is revoked.

Summary Judge of the presiding judge;

Judges Kim Gung-sung

Judgment of the Supreme Court