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(영문) 대법원 2015.02.26 2013다15661

국가배상

Text

The judgment below

Among the plaintiffs A, B, D, F, G, L,O, Q, S, Y, Z, AB, AF, and AJ, the part related to this is reversed.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal on the instant safety defense

In light of the legislative purport of the Act on the Restoration of Honor of Persons Related to Democratization and Compensation, etc. (hereinafter referred to as the “Act on the Compensation for Democratization Movement”), the content of relevant provisions, the consent of the applicant to prepare and submit a written claim, and where the legislative purpose of Article 18(2) of the Act on the Compensation for Democratization Movement is to grant the applicant the decision to pay compensation, medical allowances, and living allowances (hereinafter referred to as “compensation, etc.”), the same effect as judicial compromise in a case where the applicant has consented to the decision to pay compensation, in addition to the contents of the written claim, and the effect of res judicata, and in particular, granting res judicata in a lawsuit, the applicant’s prompt termination and implementation of the decision through the procedure for the decision to pay compensation, such as the compensation of the person related to democratization movement (hereinafter referred to as “Compensation Deliberation Committee”) and granting stability in the decision to pay compensation, etc. prior to the lawsuit, if the applicant has consented to the decision

(see, e.g., Supreme Court en banc Decision 2012Da204365, Jan. 22, 2015). (B)

The judgment below

According to the reasoning and records, ① the investigator of the Joint Investigation Headquarters of Martial Law and the Seodaemun Police Station in charge of the union purification on or around December 1980, in order to illegally arrest and detain the core of the executive body of the trade union at the APS Co., Ltd. (hereinafter “APS”) without a warrant in order to take measures to purify the trade union, and forced a trade union to leave the trade union, and forced a trade union to resign from the trade union. ② The male employees who received the APS instruction from the APS, and the police officers who were on the spot to detain the president of the trade union by entering the trade union office of the APSS on September 27, 1982.