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(영문) 서울행정법원 2016.05.26 2015구합79215
위자료
Text

1. The Defendant shall pay KRW 428,571 each to the Plaintiff (Appointed Party) and the Appointed Party B, C, D, E, F, and G.

2...

Reasons

Under the Japanese colonial rule from May 1, 1943 to July 30, 1945, H (I birth) was forced to be a civilian military employee belonging to a military unit located in Northbuk-do in Japan, and suffered an injury to the left-hand knee.

H died on July 27, 2011

(hereinafter referred to as “H”. The Selection B is the wife of the Deceased, the Plaintiff (Appointed Party) and the Selection C, D, E, F, and G are the children of the Deceased.

[2] On October 5, 201, the Plaintiff (Appointed Party) filed an application for compensation to the Plaintiffs, the bereaved family members of the deceased, pursuant to the Special Act on the Force Mobilization Investigation and Support for Victims, etc. of Military Force Mobilization (hereinafter “Act on the Force Mobilization Investigation”) on the ground that “the deceased died after he/she was injured during the compulsory mobilization period” (hereinafter “the Committee”) on October 5, 201.

On January 24, 2013, “The Committee made a decision on May 1, 1943 to July 30, 1945 that “The deceased was forced to be mobilized as a civilian military employee belonging to a military unit belonging to the U.S. military unit located in the North Korean Dos in Japan, and suffered an injury to the left-hand side. Therefore, the deceased shall be determined as a victim of forced mobilization under Article 2 of the Compulsory Mobilization Investigation Act, and Article 4 Subparag. 2 of the Compulsory Mobilization Investigation Act and Article 3(1) of the Enforcement Decree of the same Act shall be determined as class 7 of the physical disability class pursuant to Article 12 subparag. 7 of the physical disability class. The Committee decided that “The Plaintiffs, who are the bereaved family members under Article 3 of the Compulsory Mobilization Investigation Act, shall pay the sum of KRW 428,571, each of KRW 3

On July 17, 2015, the Plaintiff filed a claim for the payment of consolation benefits with the Committee as the representative of bereaved family members.

However, according to Article 33 (1) of the Compulsory Mobilization Investigation Act, the Committee's extinctive prescription period is one year, and the right to claim the payment of consolation benefits is an authentic copy of the written decision.

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