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(영문) 광주지방법원 2015.12.24 2010구합1040

보상기각결정처분취소

Text

1. The plaintiffs' action against Defendant 5/18 Democratization Movement-Related Persons Compensation Deliberation Committee shall be dismissed.

2. Defendant.

Reasons

Basic Facts

According 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”), the Deliberative Committee on the Compensation of Persons Related to Gwangju Democratization Movement (hereinafter “Defendant Committee”) recognized that the remaining Plaintiffs and network G (hereinafter collectively referred to as “Plaintiffs, etc.”) except Plaintiff D, E, and E, constituted persons related to the 518 Democratization Movement (hereinafter referred to as “the aforementioned Plaintiffs and network G”) prior to 2006 constituted Plaintiff H, I, J, J, K, K, M, N, P, Q, Q, R, U, V, W, W, W,Y, Z, Z, and other grade 2 “the disability rating” in relation to the Plaintiff, etc. and other grade 1 “the previous subsidy” (hereinafter referred to as “the previous subsidy”).

With the amendment of the former Gwangju Democratization Compensation Act by Act No. 7911 on March 24, 2006, the legal name was changed to the Act on the Compensation, etc. for Persons Related to the May 18 Democratization Movement (hereinafter “5/18 Compensation Act”) and Article 11-2 was newly established. The Defendant Committee, as the Plaintiff, etc., is able to conduct a physical examination for the persons deemed necessary to be re-classification at their request from among the persons subject to the application of this Act, among those subject to the application of Grade I and II, such as the Plaintiff, etc.

An application for payment was filed.

Accordingly, the Defendant Committee’s disability grade determination subcommittee (hereinafter “subcommittee”) conducted a reclassification physical examination with respect to the Plaintiffs, and deliberated and decided on the issue of Plaintiff H, I, K, L,O, P, Q, R, and V by raising the disability rating from “other Grade 2” to “other Grade 1,” and the rest of the Plaintiff, etc. are the same as before.