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(영문) 광주고등법원 2020.06.19 2019누11391
5.18 민주화운동 관련자 보상신청
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Details, etc. of the decision not to grant compensation;

A. On May 19, 2006, the Plaintiff applied for the following truth-finding to the previous reorganization committee for truth-finding and reconciliation.

On May 18, 1980, the plaintiff was involved with the investigator of the joint investigation headquarters on the ground that there was a mathic dispute, among those who had been using a new wall in the Jridge located in the Busan East-gu, Busan-gu, the plaintiff was involved with the investigator of the joint investigation headquarters, was detained in the underground room of the Busan-do security unit, and became an adviser, and the symptoms such as the escape certificate of light signboards have occurred due to the above case.

B. On June 29, 2010, on the ground that on the Plaintiff’s application for the verification of the truth, the Korean History Liquidation Committee rendered a partial determination of the truth-finding on the ground that “the Plaintiff was deemed to have been unlawfully detained and harshly treated for a considerable period of time in the Busan Security Unit around May 18, 1980, but it was impossible to confirm the existence of the causal relationship as to whether testamentary gift claimed by the Plaintiff was caused by the above harsh treatment.”

C. On June 18, 2015, the Plaintiff filed an application for the payment of compensation (hereinafter “instant application”) on the ground that he/she was detained or injured in relation to the 5.18 Democratization Movement Deliberation Committee (hereinafter “Committee”) related to the 5.18 Democratization Movement.

On June 23, 2016, the Committee recognized the fact that the Plaintiff was detained for 15 days at the Busan Security Unit in relation to the 5.18th day of June, 2016, and decided the compensation for the injury, but it was not recognized on the grounds that the injury was the same with the fact that the Committee was determined by the Committee for Deliberation on Restoration of the Honor of Persons Related to the 5.18th day of the incident.

E. On March 17, 2017, the Plaintiff, who was dissatisfied with the foregoing decision, filed an application for reexamination with the Committee on 5/18th, but the said Committee decided not to recognize the compensation for the above wounds on October 23, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, and 4 include each number, below.

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