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(영문) 광주고등법원 2013.06.26 2012나5956

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the member of the party citing the judgment of the court of first instance states concerning the instant case are set forth in section 3 of the judgment of the court of first instance.

The judgment below is the same as the reasons for the judgment of the first instance except for the following changes, and this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Change 1) The historical and legal revaluation of the Gwangju Democratization Movement before and after May 18, 1980 led to the progress of the political democratization of Korea in June 1987. On the other hand, through the 518 trial of the so-called 518 trial, punishment was imposed for the persons who suppress the Gwangju Democratization Movement. On the other hand, as a result of the formulation of a national policy on legal compensation for those who were injured by the Gwangju Democratization Movement, the State has restored honor to those who were killed or missing in relation to the Gwangju Democratization Movement and their bereaved family members in order to promote their livelihood stability and improvement by compensating them for actual compensation and contribute to national harmony and democratic development.

The main contents of the Gwangju Democratization Movement Act are as follows: (a) the Compensation Deliberation Committee shall be established to review and decide whether a person is related to the Gwangju Democratization Movement and his/her bereaved family members, and to perform the functions of deliberation, determination, payment, etc. of compensation, etc. for related persons, etc. (Article 4); (b) compensation, medical allowances, living allowances, etc. (hereinafter “compensation, etc.”) shall be paid to related persons, etc. as prescribed in Articles 5 through 7 (hereinafter “compensation, etc.”); and (c) related persons, etc. to whom the original copy of the written decision on compensation has been served.