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(영문) 서울고등법원 2015.04.03 2014나2022558
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all claims filed by plaintiffs B and C pertaining to the revoked part.

Reasons

Facts of recognition

This part of this Court's reasoning is the same as the corresponding part of the judgment of the court of first instance. Therefore, this part of this Court's reasoning is cited by Article 420 of the Civil Procedure

As to the lawsuit of this case against the defendant in relation to the case of violation of Emergency Measure No. 9 of this case, the defendant asserts that the defendant is liable for damages under the State Compensation Act as follows.

In other words, the plaintiff A submitted written consent on the decision of the Compensation Deliberation Committee to pay living allowances and received the living allowances in this case.

Plaintiff

Plaintiffs B, C, who are the married couple of A, have consented to the decision to pay the above living allowances.

In accordance with the plaintiffs' consent to the decision on the payment of living allowances, a judicial compromise was established with respect to the violation of the Emergency Decree No. 9.

Therefore, the plaintiffs' lawsuits are unlawful because there is no benefit of protection of rights.

The Act on the Compensation for Democratization Movement has been enacted for the purpose of promoting the stabilization of livelihood and the improvement of welfare by the State for persons who have sacrificed in relation to democratization movements and their bereaved family members, and contributing to the development of democracy and the harmony of nationalization. Article 2 subparagraph 1 of the Act provides that "divatization movement" refers to activities that contributed to the realization of the ideology and value pursued by the Constitution and to the establishment of democratic constitutional order and to the restoration of the freedom and rights of the people by resisting the authoritative rule that violates the fundamental order of free democracy since March 24, 1964 and infringes on the fundamental rights of the people guaranteed by the Constitution, and thereby contributing to the realization of the ideology and value pursued by the Constitution and the establishment of democratic constitutional order, and the main sentence of subparagraph 2 refers to persons related to democratization movements (hereinafter referred to as "related persons") among persons falling under any of the following items:

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