All appeals are dismissed.

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

The grounds of appeal are examined.

The First Ground for Appeal

A. 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 becomes final and conclusive, 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, among "damage caused in relation to a democratization movement" under Article 18 (2) of the former Act on the Compensation for Democratization Movement, is in violation of the Constitution (see Constitutional Court Decision 2014HunBa180, Aug. 30, 2018; hereinafter "decision on partial unconstitutionality of this case").

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 constitutional complaint was rendered in the pertinent litigation case, which became the premise of the constitutional complaint before the decision of partial unconstitutionality of the instant case, constitute grounds for retrial under Article 75(7) of the Constitutional Court Act (see Supreme Court Decision 2019Da249589, Oct. 29, 2020).

The lower court is the Gu in the first instance trial, which is the premise for the instant constitutional complaint filed by the Plaintiff (hereinafter “Plaintiff”).