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(영문) 서울행정법원 2015.12.10 2015구합10278
위로금등지급신청기각결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff's father, the plaintiff's father, was forced mobilization by Japanese colonial rule, from January 1, 1945 to September 1, 1945, and worked as a worker in the coal mine located in the Republic of Korea after having returned to the Republic of Korea around the time of tidal wave and died on October 10, 1974.

(B) On August 5, 2010, the Defendant decided the Deceased as “victims” under Article 2 subparag. 2 of the Special Act on the Investigation into Force Forced Mobilization during the Time of Man-Japanese War and the Support for Victims of Mobilization of Forced Mobilization abroad (hereinafter “Special Act”).

On June 30, 2014, the Plaintiff filed an application for the payment of the outstanding amount under Article 5 of the Act with the Defendant. On June 25, 2015, the Defendant rendered a decision to dismiss the Plaintiff’s application on the following grounds for disposition:

(2) The plaintiff's assertion as to the legitimacy of the disposition of this case is legitimate. The plaintiff's assertion as to the legitimacy of the disposition of this case was forced to have been mobilized by Japanese colonial rule and forced to work in coal mine from January 1, 1945 to September 1945 and returned to the plaintiff's life. The plaintiff returned from the deceased's home and returned to Korea, so it constitutes an outstanding amount under Article 2 (5) of the Act because the documents related to the outstanding amount (deposit documents and specifications) are not verified. The plaintiff did not dispute [based on recognition]. The plaintiff's assertion as to the legitimacy of the disposition of this case as to Gap's evidence Nos. 1, 1, and 1, 7, and all statements and arguments as to the whole. The plaintiff's assertion as to whether the disposition of this case was legitimate, but all wages were not paid.

Therefore, the instant disposition taken on a different premise is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

㈎ 법 제2조 제5호, 제5조에 의하면, ‘미수금 지원금’이란 1938. 4. 1.부터 1945. 8. 15. 사이에 일제에 의하여 노무자 등으로...

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