5·18 해직자 ‘17년 전 물가로 보상’ 위헌·위법 판결 나왔다

On May 18, a court recently ruled that the calculation of living assistance for those forcibly dismissed during the 1980 democratic movement was unconstitutional and unlawful. The court acknowledged that the living assistance calculation did not consider the consumer price inflation rate, which is a fundamental principle of equal treatment. The court invalidated the decision as it failed to adhere to this principle.

The 1980 forced-dismissed journalists, represented by the 80th Year Journalist Union (80th Year Journalist Union), had filed an administrative lawsuit on May 19, claiming that the living assistance calculation, which did not consider inflation, was unconstitutional. The court agreed, stating that the decision was "undoubtedly right and sensible," but was disappointed that the court had dismissed the other five points of contention.

The six contested points include the calculation of consumer price inflation, the exclusion of journalists who had previously received democratic movement compensation, the exclusion of similar or identical job positions, the exclusion of periods of service beyond one year, the exclusion of those who had been detained during their service, and the lack of determination for those who had served less than one year.

The court ruled that the living assistance calculation must reflect inflation, but dismissed the other five points. The 80th Year Journalist Union welcomed the court's decision to recognize the inflation factor but expressed disappointment that the other five points were not addressed. They urged the government, the National Assembly, and the Democratic Party to revise related laws and regulations to ensure that not only forced-dismissed journalists but also other victims of state violence and democratic movement participants also receive benefits.

The court instructed the Administrative Safety Bureau of the Ministry of the Interior and the 5·18 Compensation Consultation Committee to expedite the following measures based on the court's ruling.