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(영문) 광주고등법원 2017.11.23 2016누24

보상금등 지급신청기각처분취소 등

Text

1. The plaintiffs' appeal is dismissed.

2. The plaintiff A, D, F, G, I, AB and the defendant.

Reasons

1. Basic facts

A. Prior to 2006 pursuant to the former Act on the Compensation for Persons Related to Gwangju Democratization Movement (amended by Act No. 7911, Mar. 24, 2006; hereinafter “former Act on the Compensation for Residents Related to the May 18 Democratization Movement”), the Deliberative Committee on the Compensation for Residents Related to Gwangju Democratization Movement (formerly changed the name of the Deliberative Committee for the Compensation for the Compensation for the Compensation for the Persons Related to the May 18 Democratization Movement; hereinafter “Defendant Committee”) determined the payment of other subsidies corresponding to the disability rating of the “other Grade I” to Plaintiff D, I, and to the remainder of the Plaintiffs.

B. The former Act on the Compensation for Democratization Movement of Gwangju was amended by Act No. 7911 on March 24, 2006, and its legal name was changed to the Act on the Compensation, etc. for Persons Related to the 5.18 Democratization Movement (hereinafter “5.18 Compensation Act”), and Article 11-2 (Re-Classification Physical Examination) was newly established, and it is possible to conduct a physical examination for re-classification for persons deemed necessary to be re-classification at their request from among the persons subject to the 1.18 Democratization Movement of Gwangju, who became subject to the 1.18 Democratization Compensation Act, such as the Plaintiffs. As such, the Plaintiffs filed an application with the Defendant Committee for payment of the reclassification physical examination and compensation.

C. Accordingly, the Defendant Committee’s disability grade determination subcommittee (hereinafter “subcommittee”) conducted a reclassification physical examination for the Plaintiffs, and deliberated and decided on the Plaintiffs I by raising the disability rating from “other Grade 2 to “other Grade 1”, and deliberated and decided on the rest of the Plaintiffs as the same disability rating as before.

In accordance with the above deliberation and resolution on June 9, 2008, the defendant committee paid consolation money to the plaintiff I as living allowances and other allowances corresponding to the difference between the class 2 and other class 1, and applied for the remaining plaintiffs' physical examination for reclassification.