Cases
Revocation, such as a decision to dismiss the payment of consolation benefits, 2013Nu2343
Plaintiff Appellant
1. A;
2. B
3. C.
4. D;
5. E.
6. F;
7. G.
8. H;
Defendant Elives
The Support Committee for Investigation of Damage from Force Mobilization during the Time of the Counter-Japan and Victims, etc. of Mobilization by Foreign Force;
The Minister of Government Administration and Home Affairs
The first instance judgment
Seoul Administrative Court Decision 2012Guhap25965 decided November 30, 2012
Conclusion of Pleadings
March 17, 2016
Imposition of Judgment
April 21, 2016
Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The judgment of the first instance is revoked. The defendant's decision to dismiss payment of each consolation money, etc. made to plaintiffs A, B, C, D, and E on May 3, 2012 and the decision to dismiss payment of each consolation money, etc. made to plaintiffs F, G, and H on May 3, 2012 is revoked.
Reasons
1. cite the judgment of the first instance;
The grounds for the plaintiffs' assertion in the trial while filing an appeal are different from the allegations in the first instance court, and the first instance court's decision rejecting the plaintiffs' assertion is justified even if it is based on the result of the pleadings in the first instance and the trial.
Therefore, the court's explanation of this case is identical to the part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the judgment of the first instance court is legitimate, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.
Judges
The presiding judge, Ginju
Judges Invitations
Judges Lee Jae-in