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(영문) 광주지방법원 2017.08.31 2017구합11275

보상금등지급신청기각결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 1, 1983, the Plaintiff was admitted to the Department B of Law and University at Jeonnam University, and participated in various demonstrations as a member of the Social Survey and Research Association. In particular, on November 21, 1984, the Plaintiff was detained on the ground that the Plaintiff led the demonstration that “non-party daily readers, long-term collection pulverization, and revision of labor law,” which was held in the Jeonnam University on November 21, 1984, was concealed, and was sentenced to a suspended sentence of one year and six months at the Gwangju District Court on April 1, 1985, and was removed from the Jeonnam University on January 29, 1985.) The Plaintiff was established in Gwangju District Court on July 11, 1985 by forming a disguised trade union in the Jeonnam National University. < Amended by Act No. 3770, Jul. 23, 1985>

However, on March 4, 1986, the Plaintiff was detained on suspicion of forging a resume for disguised employment. On October 2, 1986, the Plaintiff was sentenced to imprisonment with prison labor at the Gwangju High Court for one year from March 4, 1986. From March 4, 1986 to July 8, 1987, the Plaintiff was released from prison.

3) On August 14, 2001, the Compensation Deliberation Committee for Honor Restoration and Compensation to Persons Related to Democratization Movement (hereinafter “The Democratic Compensation Act”) for the following reasons: (a) the Act on the Restoration of and Compensation to Persons Related to Democratization Movement (hereinafter “The Democratic Compensation Act”).

(B) The Plaintiff was found as a person related to democratization movements who was convicted of conviction and a bachelor’s degree on the grounds of democratization movements as prescribed in Article 2 subparag. 2 (d). The Plaintiff filed the instant application on February 24, 2016, based on the same reasons as indicated in the foregoing paragraph A (hereinafter “Act on the Compensation, etc. for Persons Related to May 18 Democratization Movement”).

An application for compensation under Article 22 was filed.

C. The subcommittee on the examination of whether the Defendant’s disposition related to the May 18 Democratization Movement in the instant case is deemed to have been committed and detained in relation to the May 18 Democratization Movement on the grounds that it is difficult for the Plaintiff to regard the May 18 Democratization Movement as having been committed and detained on December 8, 2016.