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(영문) 대법원 2016.05.03 2012다35675

손해배상(기) 등

Text

1. Of the lower judgment, the part on the claim for damages by the Plaintiffs (excluding Plaintiff BA) who received the attached living allowances, etc.

Reasons

1. The decision is made ex officio;

BA’s claim for damages by the Plaintiffs (excluding Plaintiff BA) who received the attached living allowances, etc. among the instant lawsuits, and Plaintiff BA’s ground of appeal on the claim for damages against Plaintiff BA’s lost share of consolation money, is examined ex officio prior to determination.

B. In addition to the legislative intent of the Act on the Honor Restoration, Compensation, etc. of Persons Related to Democratization Movements (hereinafter “The Democratization Movement Compensation Act”), the details of relevant regulations, the consent of the applicant to prepare and submit a written application, and where the legislative purpose of Article 18(2) of the Democratization Movement Compensation Act is to grant the applicant a decision on the payment of compensation and medical care allowances (hereinafter “living subsidies, etc.”), the same effect as judicial reconciliation, in particular, granting res judicata, and granting the applicant a decision on the payment of compensation and medical care allowances prior to the litigation, and granting the applicant’s decision on the payment of living allowances, etc., it shall be promptly terminated and implemented through the procedures for the decision on the restoration of honor of persons related to Democratization Movement and the Compensation Deliberation Committee (hereinafter “Compensation Deliberation Committee”) prior to the litigation and granting stability in the decision on the payment of living allowances, etc., barring special circumstances, if the applicant has consented to the decision on the payment of living allowances, etc. of the Compensation Deliberation Committee, the damage related

(See Supreme Court Decision 2012Da45603 Decided March 13, 2014). C.

The judgment below

According to the reasons and records, the plaintiffs (referring to the deceased, if the plaintiff is the heir) received the attached Form 2 living allowances, etc., were dismissed from B from March 1, 1975 to June 1975 as journalist belonging to the corporation B (hereinafter "B"), and the above plaintiffs (1) from around 2001 to 205.