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(영문) 대법원 2015.02.26 2013다213953
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 1 of the former Act on the Compensation for Persons Related to Gwangju Democratization Movement (amended by Act No. 5291 of Jan. 13, 197; hereinafter “former Act on the Compensation for Gwangju Democratization Movement”) provides that “The purpose of this Act is to restore honor to persons killed or missing, or wounded in relation to Gwangju Democratization Movement before and after May 18, 1980 (hereinafter “related persons”) and their bereaved family members, thereby promoting stability and improvement of livelihood and contributing to national unity and democratic development by compensating them of their honor and providing them with substantial compensation.” Article 8(1) of the same Act provides that “Any person who intends to receive compensation, medical care and living allowances under this Act as related persons or their bereaved family members shall apply for payment of compensation, etc. to the Compensation Deliberation Committee in writing, accompanied by relevant evidential documents, and Article 12(1) of the Civil Procedure Act provides that “When an applicant wishes to receive payment of compensation, etc. in relation to the decision of the Compensation Deliberation Committee under the Act, the applicant shall be deemed to have consented to the decision of the Compensation Deliberation Committee without delay.”

In addition, Article 20 of the former Enforcement Decree of the Act on the Compensation for Gwangju Democratization Movement (amended by Presidential Decree No. 14438 of Dec. 23, 1994) intends to receive compensation, etc. from an applicant notified of the decision of compensation pursuant to Article 18, one copy of the decision of compensation and one copy of the certificate of personal seal impression of the applicant shall be stated in the consent and written application in attached Form 10 stating the following:

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