All appeals are dismissed.

The costs of appeal are assessed against the defendant (defendant).

The grounds of appeal are examined.

1. Article 75(7) of the Constitutional Court Act provides that where a constitutional complaint under Article 68(2) of the same Act is accepted, if the litigation case related to the relevant constitutional complaint is already finalized, the parties may request a retrial;

Article 18(2) of the former Act on the Honor Restoration and Compensation, etc. of Persons Related to Democratization Movements (amended by Act No. 13289, May 18, 2015; hereinafter “former Democratization Compensation Act”) provides that “If an applicant consents to the determination of the payment of compensation, etc. under this Act, the determination of the payment of compensation, etc. under this Act shall be deemed to have been made by a judicial compromise under the Civil Procedure Act regarding the damage incurred in relation to

On August 30, 2018, the Constitutional Court rendered a decision that the part concerning mental damage caused by a tort is unconstitutional (the Constitutional Court Decision 201HunBa180, August 30, 2018; hereinafter referred to as “decision on partial unconstitutionality of this case”) under Article 18(2) of the former Act on the Compensation for Democratization (the Constitutional Court Decision 2014HunBa180, Aug. 30, 2018).

The decision of partial unconstitutionality of the instant case is a decision that has the same effect as the abolition of part of Article 18(2) of the former Democratization Compensation Act by declaring that the part of the “damage caused by a tort”, which is a part of the “damage inflicted in relation to a democratization movement, is unconstitutional and thus has the binding force on the court.

The circumstances in which the decision of partial unconstitutionality of the instant case was rendered prior to the pronouncement of a decision of partial unconstitutionality of the instant constitutional complaint are grounds for retrial under Article 75(7) of the Constitutional Court Act.

2. According to the reasoning of the lower judgment and the record, the following facts are revealed.

A (Death after the sentence of this case was pronounced).