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(영문) 서울고등법원 2017.06.09 2015나2023268
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The grounds for the judgment of the court of first instance, which cited the judgment of the court of first instance, are as follows, with the exception of partially eliminating the grounds for the judgment of the court of first instance as follows, and fully deleting the grounds for the judgment of the court of first instance.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

[Attachment] The part of the judgment of the court of first instance 7 to 5 on the grounds of the 7th 4th eth eth 7th eth s. "The Presidential Emergency Measure (hereinafter "Emergency Measure 9") for the National Security and the Protection of Public Order" (hereinafter "Emergency Measure 9") and the Presidential Emergency Measure (hereinafter "Emergency Measure 9") for the National Security and the Protection of Public Order 9th 3th eth eth eth 9th eth eth 10 "Plaintiff AB" among the grounds of the judgment of the court of first instance.

A. If the network BE which was investigated or tried due to the violation of Emergency Decree No. 9 of the summary of the Defendant’s assertion, and the Plaintiff I, Q, AB, AG, AO, AO, and AZ consented to the determination of compensation, etc. pursuant to Article 18(2) of the former Act on the Restoration of Honor and Compensation, etc. to Persons Related to Democratization Movement (Amended by Act No. 13289, May 18, 2015; hereinafter “former Democratization Compensation Act”), a judicial compromise under the Civil Procedure Act is established between the Defendant and the Defendant regarding the damage incurred in relation to a democratization movement.

Therefore, the instant lawsuit is unlawful.

B. (1) Under Articles 2, 3, and 10 of the former Act on the Compensation for Democratization Movements, etc., a person related to democratization movements or his/her bereaved family members who received a conviction on the grounds of democratization movements may file an application for payment of compensation, medical allowances, and living allowances (hereinafter “compensation Deliberation Committee”) for damage related to democratization movements (hereinafter “compensation Deliberation Committee”). Article 18(2) of the former Act on the Compensation for Democratization Movement provides that a person related to democratization movements or his/her bereaved family members who received a judgment of conviction on the grounds of democratization movements shall be determined to pay compensation, etc. under this Act.

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