Whether the surviving spouse of a victim who had been or had been remarriedd with another person at the time of filing an application for the payment of compensation money for the victims of education in the Sam-gu Office constitutes “bereavedd Family” under Article 2 subparag. 3 of the Act on the Restoration of and Compensation for the Restoration of Victims of Education

In light of the purpose of the enactment of the Act on the Restoration of and Compensation to Victims of Sam-Cheong Education and the legal nature of the compensation, in cases where a person applies for the payment of compensation as a bereaved family member pursuant to Article 8 of the same Act, the person shall not be the bereaved family member at the time of the application for the payment of compensation. Therefore, "bereaved family member" under Article 2 subparagraph 3 of the same Act and Article 7 of the same Act means the bereaved family member at the time of the exercise of the right to apply under the same Act as the bereaved family member at the time of the enforcement of the same Act. Article 2 subparagraph 3 of the same Act provides that the scope of the bereaved family member in such cases shall be limited to those prescribed in Articles 100 and 103 of the Civil Act. Article 7 of the Act on the Restoration of and Compensation for Restoration of the Honor of and Compensation to Victims of Sam-Cheong Education shall be determined in accordance with the purport that the right to claim compensation of the bereaved family member shall be determined in accordance with the share of inheritance under the Civil Act.

Article 2 subparag. 3 and Article 7 of the Act on the Restoration of and Compensation for Restoration of Victims of Education in the Gu Office

Plaintiff (Law Firm Hanl, Attorneys Kim Yong-sik et al., Counsel for plaintiff-appellant)

Korea

September 13, 2005

1. The defendant shall pay 183,852,850 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. The Plaintiff’s non-party 1 worked as an artist by contributing to the crypt of the film to the “Icena,” etc., and 10 years after having completed the marriage report on March 13, 1980, Nonparty 2 of the 10-year annual merchant Nonparty 2.

B. However, before the marriage with Nonparty 3 and Nonparty 4 were married on April 19, 1965, Nonparty 2: (a) divorced with Nonparty 3 on July 6, 1976; (b) was married with Nonparty 1; (c) demanded divorce and consolation money for only one month of marriage due to the marriage’s failure; and (d) on May 18, 1980, the new military unit that detained Gwangju Democratization movement by military forces was established under Article 13 of the Martial Law, which was declared by Law No. 69 of August 4, 1980 under Article 13 of the Martial Law Act; and (c) was established under subparagraph 13 of the Martial Law, which was declared by the Ministry of Justice as a force, for the reason of intimidation against women, etc. to the police station.

C. Accordingly, on September 10, 1980, Nonparty 1 was involved in the police and received netization education after being admitted to the first third class of the third class of the 13rd class of the 12th class of the 13rd class of the 13rd class of the 1980th class of the same month, who was taking the training and bath at around 17:00 of the same month, and was faced with the suppression of suppression from the teaching assistant, and was killed with the acute heart symptoms during the transmission to the hospital (the body of the deceased was taken over by the Plaintiff and the 5th class of the death).

D. Meanwhile, when the marriage relationship was terminated due to the death of the non-party 1, the non-party 2 married with the non-party 6 and completed the marriage report on October 9, 1992 on July 24, 1998, and upon the death of the non-party 6 on July 24, 1998, succeeded to his/her property and returned to his/her family register on October 11, 2002, and entered his/her name in the non-party 4's family register on the same day.

E. After that, the government enacted the "Act on the Restoration of and Compensation for Victims of Education" (hereinafter the "Act") by Act No. 7121 on January 29, 2004 (hereinafter the "Act") and subsequently applied for compensation to the "Compensation Deliberation Committee for Restoration of and Compensation to Victims of Education". On November 25, 2004, the Compensation Deliberation Committee recognized the Deceased as the victim of three-school education under subparagraph 2 (a) of Article 2 of the Act and decided to pay compensation of KRW 183,852,850 to his bereaved family members, but decided to recognize Nonparty 2 as the bereaved family members of the Deceased at the time of the Deceased's death other than the mother, and determined to pay compensation to Nonparty 2 as the amount paid to the Plaintiff by bereaved family members on the ground that Nonparty 2, who was the wife at the time of the Deceased's death, and Nonparty 2, who was the wife at the time of the Deceased's death, was inherited by Australia.

F. Accordingly, the Plaintiff filed an application for reexamination with the Compensation Deliberation Committee on January 21, 2005 on the premise that the Plaintiff had the right to receive the total amount of the above compensation.

[Basis] Facts without dispute, Gap evidence 1-1-2, 3, Gap evidence 2, Gap evidence 3-1-4, Gap6-10, Eul evidence 1-2, Eul evidence 3-1-2, Eul evidence 3-2, non-party 5's testimony and the whole purport of oral argument

2. Relevant statutes;

Law

Article 1 (Purpose) The purpose of this Act is to promote the stabilization of livelihood of those who have suffered damage in connection with three-dimensional education or their bereaved family members by taking measures necessary for restoring their honor and making substantial compensation, and to contribute to the extension of human rights and national harmony.

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term “inception education” means the netization education and labor service conducted pursuant to subparagraph 13 of martial law declared in accordance with Article 13 of the Martial Law Act (Act No. 69) on August 4, 1980 or the protective custody conducted pursuant to Article 5 of the Addenda to the 3286 Social Protection Act (Act No. 3286);

2. The term "victim of third party education" means any of the following persons:

(a) A person who has died or has been missing due to the education of central office;

(b) A person who died from a post-treatment after suffering from wounds (including diseases prescribed by Presidential Decree; hereinafter the same shall apply) due to training in the post-education;

(c) A person who has been wounded due to education at office;

3. The term "bereaved family members" means the property successors pursuant to the Civil Act of a person who is deemed to have died or to have died as a victim of education in Korea (hereinafter referred to as "victim"): Provided, That in the case of a missing person, the person who will succeed to the property pursuant to the Civil Act at the time the person is missing shall

Article 3 (Compensation Deliberation Committee for Restoration of Victims of Educational Programs and Compensation for Deliberation)

(1) A Compensation Deliberation Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to deliberate and resolve on the following matters concerning the restoration of honor, compensation, etc. of victims or their bereaved family members:

1. Matters concerning whether a person falls under the victim or his/her bereaved family member;

2. Matters concerning the payment of compensation, etc. to victims or their bereaved family members;

(2) The Commission shall be comprised of not more than 15 members, including a chairperson.

Article 4 (Compensation)

(1) With respect to bereaved family members of a person who falls under subparagraph 2 (a) or (b) of Article 2 among victims, an amount calculated by subtracting intermediary interest from the statutory interest rate at the same rate as the monthly salary, actual monthly income, or average wage (hereafter referred to as "monthly average wage" in this Article) at the time of his/her death or unknown whereabouts shall be paid at an amount calculated by multiplying the future employmentable period by the statutory interest rate, plus the interest calculated at the statutory interest rate until

Article 5 (Medical Subsidies)

(1) With respect to a person who falls under subparagraph 2 (c) of Article 2 among victims and who needs continuous medical treatment due to such wounds at the time this Act enters into force, or who needs regular medical treatment or the use of protective or auxiliary outfits, expenses incurred in the purchase of protective and supplementary outfits shall be paid in lump sum, as prescribed by Presidential Decree.

(2) Article 8 of the Act on the Restoration of Honor and Compensation, etc. to Persons Related to Democratization Campaign shall apply mutatis mutandis to the persons eligible for, standards, etc. for, medical subsidies under paragraph (1).

Article 7 (Rights of Bereaved Family Members) A bereaved family member has a right to receive compensation, etc. in accordance with the provisions on inheritance under the Civil Act.

Article 8 (Application for Compensation, etc.)

(1) A victim or his/her bereaved family member who intends to receive compensation, etc. shall apply to the Commission in writing, along with relevant evidential documents, for the payment of compensation, etc.

(2) The application for payment of compensation, etc. under paragraph (1) shall be filed within one year after this Act enters into force.

Addenda (No. 7121, January 29, 2004)

This Act shall enter into force six months after the date of its promulgation.

civil law

Article 100 (Order of Inheritance)

(1) An heir shall take the following order in succession.

1. Lineal descendants of an inheritee;

2. Lineal ascendants of the inheritee;

3. A sibling of an inheritee.

4. Collateral blood relatives within the fourth degree of the inheritee.

(2) In the case of the preceding paragraph, if there are several successors in the same rank, the most recent relatives shall be placed in priority, and if there are several successors in the same rank and so forth, they shall

Article 1003 (Order of Inheritance of Spouse)

(1) If there exists any inheritor under the provisions of Article 1000 (1) 1 and 2, the spouse of an inheritee shall be the inheritor in the same order as that of the inheritor, and if there is no inheritor, the inheritor shall be the sole inheritor.

(2) In case of Article 1001, the spouse of a deceased or disqualified person before the commencement of the inheritance shall be the inheritor under the provisions of the same Article and the co-inheritors, and if they do not exist, the sole inheritor shall be the deceased.

Article 1009 (Legal Portions in Inheritance)

(1) If there are two or more successors in the same order, their shares shall be equally divided.

(2) The inheritance portion of the spouse of an inheritee shall be 50 percent of the inheritance portion for lineal descendants where it is inherited jointly with lineal descendants, and 50 percent of the inheritance portion for lineal ascendants where it is inherited jointly with lineal ascendants.

3. Determination

With respect to the bereaved family members of a person who is a victim of Sam-gu Education, the Act provides that the term "bereaved family members" refers to the property heir under the Civil Act of a person who is deemed deceased or deemed deceased (Article 2 subparagraph 3) and the bereaved family members are entitled to receive compensation, etc. in accordance with the provisions on inheritance under the Civil Act (Article 7).

However, as seen above, the purpose of the enactment of the Act is to promote the stabilization of their lives and contribute to the enhancement of human rights and national harmony by taking necessary measures and substantial compensation for restoring honor to those who have suffered damage in connection with Samwon Education and their bereaved family members. Meanwhile, the rights to compensation, etc. held by the victims, etc. under the Act are public rights claims arising only when the Government enacted the Act for the purpose of promoting the stabilization of the lives of those who have suffered damage in connection with Samwon Education or their bereaved family members, and the rights to compensation, etc. are recognized as the bereaved family members of the victims who are entitled to compensation by the decision of the Compensation Deliberation Committee, and they are not property

In light of the legislative purpose of the above legislation and the legal nature of compensation, etc., in cases where an application is filed for payment of compensation as a bereaved family member of a victim pursuant to Article 8 of the Act, such application shall not be held as a bereaved family member at the time of the application for payment. Accordingly, "bereaved family member" under Article 2 subparagraph 3 of the Act and Article 7 of the Act refers to the bereaved family member at the time of exercising the right to apply as a bereaved family member of the victim of Samsan Education according to the enforcement of the Act, and Article 2 subparagraph 3 of the Act refers to the bereaved family member at the time of exercising the right to apply for compensation as prescribed by the Act. Article 7 of the Act provides that the scope of the bereaved family member in such case shall be limited to those prescribed by Articles 100 and 10

Therefore, in a case where the surviving spouse of the victim had already re-rebornd with another person at the time of applying for the payment of compensation, it cannot be deemed as the bereaved family member of the victim's spouse as the victim's spouse, and as long as the non-party 2 was married with the non-party 6 after the deceased non-party 1's death, the non-party 2 cannot be deemed as the deceased non-party 1's bereaved family member who is the victim under the law, and therefore only the deceased non-party

4. Conclusion

Therefore, since the defendant is obligated to pay all 183,852,850 won decided as compensation to the plaintiff, the plaintiff's claim of this case seeking compensation is justified and it is so decided as per Disposition.

Judges Kim Chang-suk (Presiding Judge)