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(영문) 광주지방법원 2019.06.20 2017구합10487
일부보상금미지급결정 취소의 소
Text

1. The Defendant’s KRW 125,483,827 as well as the Plaintiff’s annual rate from March 7, 2017 to June 20, 2019.

Reasons

1. Basic facts

A. On June 25, 2016, the Plaintiff claimed compensation, such as compensation for business suspension, disability compensation, medical support, and living allowances, pursuant to the Act on the Compensation, etc. for Persons Related to the May 18 Democratization Movement (hereinafter “the 5.18 Democratization Compensation Act”), to the Compensation Deliberation Committee for Compensation for Persons Related to the May 18 Democratization Movement (hereinafter “the 5.18 Democratization Compensation Act”).

Paragraph 4,473,730, 222,956, 40% of the amount of non-high disability compensation for KRW 54,473,730, 1980, 111,845,330, aggregate of the amount of criminal compensation for 10,371,60, 241, 200, 1980, 1111,845,330, 330

B. On December 21, 2016, the 5/18 Committee recognized that the Plaintiff is a wounded person in relation to the May 18 Democratization, and rendered a decision on compensation of KRW 111,845,330 as follows (hereinafter “instant decision”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In order to treat wounds suffered in relation to May 18 Democratizations, the Plaintiff’s assertion should receive compensation for disability compensation of KRW 12,615,590, and KRW 95,329,030, living allowances of KRW 42,00,00, consolation money of KRW 14,250,000, and KRW 45,082,018, which are part of medical allowances necessary for treating wounds suffered in relation to May 18 Democratizations, and KRW 209,276,638.

3. Attached statements to the relevant Acts and subordinate statutes;

4. The burden of proof in a party suit, such as the instant lawsuit, is borne by the Plaintiff. As such, the Plaintiff is recognized in the instant decision as to whether medical care was necessary to treat the injury suffered in relation to the May 18 Democratization Movement, and the period and the rate of loss of labor ability.

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