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(영문) 대법원 2015.02.26 2012다203089

손해배상(기)

Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiffs' total cost of litigation.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The former Act on the Compensation, etc. for Persons Related to Gwangju Democratization (amended by Act No. 7215, Mar. 27, 2004; hereinafter “former Gwangju Democraticization Compensation Act”) provides that “The State shall restore honor to persons killed or missing, or wounded in relation to Gwangju Democratization Movement (hereinafter “related persons”) and their bereaved family members and shall accordingly make a request for payment of compensation in writing to the Compensation Deliberation Committee established pursuant to the provisions of the Civil Procedure Act for the purpose of promoting stability and the improvement of public harmony and democratic development.” Article 4(1) provides that “The relevant persons under this Act and their bereaved family members shall be established in Gwangju Metropolitan City for the examination of facts related to Gwangju Democratization Movement and for the determination of compensation, etc.” (hereinafter “Compensation Deliberation Committee”) and Article 8(1) provides that “When the relevant persons or their bereaved family members have obtained consent to the payment of compensation in relation to the determination of compensation benefits under this Act, an applicant shall submit an application for payment of compensation benefits, etc. to the Compensation Deliberation Committee without delay.”