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(영문) 서울행정법원 2016.5.13. 선고 2015구합72375 판결
손해배상
Cases

2015Guhap72375 Compensation for Damages

Plaintiff

A

Defendant

Korea

Conclusion of Pleadings

April 26, 2016

Imposition of Judgment

May 13, 2016

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The defendant shall pay 10,000,000 won to the plaintiff.

Reasons

According to the statements in Eul evidence Nos. 1 through 5, the plaintiff rejected the plaintiff's application for the payment of the outstanding amount on the ground that the plaintiff was forced to act as a worker in the territory of the country by Japan, and that the plaintiff applied for the payment of the outstanding amount and consolation money to the Support Committee for the Victims, etc. of the Republic of Korea (hereinafter referred to as the "Committee of this case"). ② The Committee of this case rejected the plaintiff's application for the payment of consolation money on the ground that it was not the victim of the outstanding amount under Article 2 of the Special Act on the Support for the Force Mobilization into Force Mobilization and the Victims, etc. of the Overseas Force Mobilization (hereinafter referred to as the "Compulsory Mobilization Investigation Act") on January 22, 2015 on the ground that the damage caused by forced overseas mobilization and the documents related to the outstanding amount were not confirmed. ③ The Committee of this case rejected the plaintiff's application for the payment of consolation money on the ground that it was impossible to confirm whether bereaved family members B on October 16, 2015.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that B was forced overseas by the Japanese colonial system, or that the plaintiff was a partner of B, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's prior claim is dismissed for reasons.

Judges

The presiding judge, the Korean Judge;

Judges Kim Gin-young

Judges Sok-beon

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