logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.05.15 2013구합28381
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’s attached B(C students, hereinafter “the deceased”) returned to Japan on August 19, 1954, when the Plaintiff was forced to be mobilized as a labor in the workplace located in Japan by Japanese colonial rule around 1939, and died on August 19, 1954

B. On June 29, 2012, the Plaintiff filed an application for the payment of consolation money pursuant to Article 27 of the Special Act on the Investigation into Force Forced Mobilization during the Counter-Japan War and Support for Victims of Mobilization of Foreign Forced Mobilization, etc. (hereinafter “The Victim Support Act”) on the grounds that the Deceased was injured during the compulsory mobilization period and died after being killed due to legacy.

C. On August 29, 2013, the Defendant rendered a disposition to dismiss the Plaintiff’s above application on the ground that “It is recognized that the deceased forcedly mobilized as a worker from around 1939 to 1941, but no ground exists to recognize the fact that the deceased suffered from an injury during the compulsory mobilization period (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, Eul evidence 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From around 1939 to 1941, the Plaintiff’s claimant returned to Japan after being mobilized as a worker by Japanese labor. At the time of compulsory mobilization, the Plaintiff suffered two obstacles to cutting down the right edge by suffering from the scambling at the time of compulsory mobilization, and thereby died on August 19, 1954.

Therefore, the disposition of this case, which dismissed the Plaintiff’s application for payment of consolation money, is unlawful even though the Plaintiff constitutes a person eligible for consolation money under the Victim Support Act.

(b) The meaning of the terms used in this Act shall be as follows:

3. The term "victims subject to overseas mobilization" means any of the following persons:

arrow