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(영문) 부산고등법원 (창원) 2018.01.31 2016누11912
보상금등 청구의 소
Text

1. The defendant B and D whose exchange has been changed in this court.

Reasons

1. Basic facts

A. On October 18, 1979, the plaintiffs participated in a democratization dispute, which was organized around Busan and Masan (hereinafter “Masan Democratic Port dispute”), and were arrested or detained, and they were detained in the Msan Police Station, Busan detention center, etc. around October 25, 1979. Plaintiffs F and H were released on November 11, 1979 upon being sentenced 15 days of detention and 10 days of detention order from the Busan District Court Msan branch, and released on November 28, 1979 by being dismissed on November 29, 1979 at the Martial Law Court Council of Martial Law, which was dismissed on November 28, 1979.

B. In the process of the Mapo Democratic Port on May 25, 2010 at the request of both P and one other, the Committee rendered a truth-finding decision to the effect that it is necessary to confirm the victims of the Mapo Democratic Port and take measures for restoring their reputation and remedy, as military personnel, police, and citizens have received human rights violations, and thus, it is necessary to confirm the victims of the Mapo Democratic Port and take measures for restoring their reputation and remedy.

C. The Act on the Restoration of Honor and Compensation, etc. of Persons Related to the Mim Democratic Port Dispute (hereinafter “Dam Democratic Port Compensation Act”) was enacted on June 4, 2013 and implemented on December 5, 2013 for the compensation, etc. to the victims of the Mim Democratic Port Dispute or their bereaved family members, and the Defendant Committee was organized in charge of deliberation and decision as to whether a person involved in the Som Democratic Port Dispute is a party involved in the Som Democratic Port Dispute, and deliberation and payment of compensation was made pursuant to the Mar. 9, 2015 to Oct. 26, 2015. The Plaintiffs were determined by the Defendant Committee to recognize the Plaintiffs as the party involved in the Som Democratic Port Dispute.

The Plaintiffs filed an application with the Defendant Committee for the payment of compensation, etc. prescribed in the Mapo Democratic Aviation Compensation Act, and the Defendant Committee decided to pay living allowances as shown in the attached Table.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 10 through 16, 31, 33, 34 (including paper numbers).

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