Plaintiff

A Property in the lawsuit of A.

This part of the reasoning of the judgment of the court of first instance is the same as stated in the part on the "1. Basic Facts" among the grounds of the judgment of the court of first instance, and thus, it is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act. Of the Defendant’s lawsuit claiming the determination of this safety defense, the part of the Plaintiff’s claim for compensation for property damage incurred by Q from the instant case among the Plaintiff’s lawsuit, which the said Plaintiff had already received compensation pursuant to the Act on Compensation, etc. for Persons Related to Mine Democratization Movement (amended by Act No. 7908, Mar. 24, 2006; hereinafter “Mining Residents Compensation Act”), and thus, this part of the lawsuit is unlawful. Article 8(1) of the Gwangju Democraticization Compensation Act establishing a judicial compromise is unlawful. The relevant person or his/her bereaved family member who wishes to receive compensation, medical allowances, living allowances, etc. under this Act (hereinafter “compensation, etc.”) must file an application for compensation, etc. with the Compensation Deliberation Committee, along with relevant evidential documents.

Article 9 provides that "The Compensation Deliberation Committee shall determine whether to pay compensation, etc. and the amount thereof within 90 days from the date it receives an application for payment of compensation, etc."

Article 12(1) provides that “When an applicant who is served an original copy of the written decision on compensation intends to receive compensation, etc., he/she shall immediately file a claim with the Compensation Deliberation Committee for the payment of compensation, etc. along with a written consent to such decision.

Meanwhile, Article 16(2) of the above Act provides that "where an applicant consents to a decision on the payment of compensation, etc. under this Act, the decision on the payment of compensation, etc. under this Act shall be deemed to have been made by judicial compromise under the Civil Procedure Act regarding the damage

In addition, Article 15 of the Enforcement Decree of the Gwangju Democratic Compensation Act provides that “The Act shall be Article 8 of the Act.”