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(영문) 광주고등법원 2016.05.12 2015누96
5.18민주화관련 상이자불인정처분취소
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1. The plaintiff's appeal, expansion in the trial room, and additional plaintiff's claim are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On December 30, 2006, the Plaintiff asserted that “the Plaintiff, as the supporter of the former President B (hereinafter “B”), distributed B’s speech recording tape to Seoul, Daegu, Gwangju, etc., and announced B’s name to release, etc. The Plaintiff applied for the payment of compensation under Article 8 of the Act on Compensation, etc. for Persons Related to the May 18 Democratization Movement (hereinafter “the Committee”), from around 18:00 on August 7, 1980 to around 08:00 on August 8, 1980, the Plaintiff was assault and adviser at the Seoul Security Headquarters to “the Plaintiff suffered a large number of injuries, such as telegraphic pains, Dasung, and Masung (hereinafter “518 Compensation Act”). The Plaintiff filed an application for payment of compensation under Article 8 of the Act on Compensation, etc. for Persons Related to the May 18 Democratization Movement (hereinafter “the Compensation Act”).

B. Sub-committee on the 5.18 Democratization Movement-Related Review (hereinafter referred to as “sub-committee”)

On April 21, 2008, on the ground that the Plaintiff’s contents of the application cannot be recognized as time, location, and content relevance, which are the conceptual scope of the 518 Democratization Movement, the Committee dismissed the Plaintiff’s application on the ground that it lacks objectivity as a person related to the May Democratization Movement on December 22, 2008.

C. On February 12, 2009, the Plaintiff appealed and filed an application for reexamination with the instant commission. However, the subcommittee rendered a review on the grounds that it is difficult to recognize the relevance of the May 18 Democratization Movement on March 17, 2010, and that it is reasonable to determine it. D.

The instant commission decided on November 9, 2010 to re-examine all persons who did not have been recognized as the relevance to the 518 Democratization Movement at the time of re-deliberation on the grounds that it conforms to the purport of the 518 Compensation Act to prevent any person from being detained by one person on November 9, 2010.

Accordingly, the Plaintiff submitted additional supporting documents to the instant commission on January 9, 201, but the subcommittee on March 13, 2012.

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