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(영문) 서울행정법원 2012.11.30 2012구합25965
위로금지급각하결정등취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. (1) Plaintiff A is the deceased’s child, and the deceased I was forced to be mobilized by Japan to work in the Russia area on January 1, 1942, and died in Russia on January 26, 1991 during the process of returning to Korea. (2) Plaintiff B is the deceased’s child, and the deceased J was forced to be mobilized to work in the Russia area by Japan on April 22, 1965, and died in Russia on April 22, 1965.

3) Plaintiff C is the deceased K’s child, and the deceased K was forced to be mobilized by Japan as a worker in Russia area around 1940, and on May 4, 1983, Plaintiff D was the deceased in Russia. 4) Plaintiff D was the deceased in Russia, and the deceased was forced to be mobilized by Japan as a worker in Russia area around 1943, and on May 13, 1968, the deceased in Russia.

5) Plaintiff E is the deceased M’s child, and the deceased M was forced to be mobilized by Japan as a worker in Russia region on July 1943, and died from Russia on November 7, 1968. 6) The above Plaintiffs (hereinafter “Plaintiff A et al.”) (hereinafter “Plaintiff et al.”) filed an application for consolation benefits with the Defendant as a bereaved family member of the victims of forced overseas mobilization under Article 4 of the Special Act on the Investigation into Forced Mobilization and Support for Victims of Overseas Force Mobilization (hereinafter “Special Act”) around June 201.

On May 3, 2012, the Defendant died during the process of forced mobilization and return to Korea. On April 1, 1938, the network J, K, L, and M died between the forced mobilization and September 30, 1990, the Defendant decided to be a victim of compulsory overseas mobilization, and the Plaintiffs were their bereaved family members. However, the Plaintiffs did not have the nationality of the Republic of Korea and were entitled to exemption from the payment of consolation money, etc. under Article 7 of the Special Act (hereinafter “instant dismissal”).

B. Plaintiff 1 F is the child of the network N, and the network N is the Russia by Japan around October 194.

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