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(영문) 광주고등법원 2014.11.13 2013누1637

민주화운동관련자보상결정취소

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1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Basic facts

A. On May 19, 1980, the Plaintiff participated in a demonstration for the purpose of martial law elimination, etc., and was committed in the vicinity of the Jeonju Station on May 14, 1980, and was detained in the detention room of the military police unit of the 35th National Police Agency (hereinafter “instant suspicion”).

B. On December 18, 2006, the Plaintiff filed an application for compensation with the Compensation Deliberation Committee for Persons Related to the 5/18 Democratization Movement (hereinafter “the Committee”) on the ground that “the Plaintiff was detained in prison in relation to the 5/18 Democratization Movement, and was injured by a telegraph including a baby, admission, and accommodation due to the instant harsh act.” On December 22, 2008, the Committee decided to pay the Plaintiff a total of KRW 4,071,60 for the number of days of confinement and confinement and KRW 12,071,60 for a total of KRW 12,600 for livelihood stability funds, on the ground that there are no evidentiary materials to prove the difference, even though the portion of detention and confinement is related to the 5/18 Democratization Movement, and there is no relevance to the difference.

C. On December 21, 201, the Plaintiff filed an application for reexamination of the said wounded portion, and the Defendant recognized the relevance between the wounded portion and the 5/18 Democratization Movement and judged the disability grade as “other wounded class 1”, and determined the disability grade as “other wounded class 1,00,000 won for living allowances, consolation benefits of KRW 12,00,000,000 as compensation, and determined the amount of KRW 12,00,000,000 as compensation, and the Plaintiff already paid KRW 4,00,000,000, excluding KRW 8,000,000,000 as compensation for the stabilization of livelihood (hereinafter “instant compensation decision”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 to 7, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion lies in three abandoned children due to the instant harsh act, and among them, Daegu High Law Group 2 of the upper right is incorporated into Martial Law Group by drafting the Plaintiff.