Text Fwd: South Korean supreme court made a decision of 1.2 billion won indemnity to the residents nearby the Pyeongtaek U. S. base

* Below is the arbitrary translation of an article forwarded in the Pyeongtaek Peace Center on Dec. 27, 2010(click)
* 아래는 평택 평화 센터에 실려 있는 기사, '[소식]평택미군기지 인근지역 주민에게 12억 배상판결'를 자의적으로 번역한 것입니다(클릭)

South Korean supreme court made a decision of 1.2 billion won indemnity to the residents nearby the Pyeongtaek U. S. base

On Dec. 23, The supreme court made a finishing point to the five years long lawsuit by making a court decision on the lawsuit for indemnity on the noise damage, which 677 personnel including Mr. Shin Yong-Jo have filed against South Korean government.

The local residents nearby Pyeongtaek U. S. air base have filed lawsuit against the South Korean government on the noise damage last 2005. Even though there was the 2nd court review decision last January, 2009, the government that was the defendant filed an appeal [to the Supreme Court]. However the Supreme Court dismissed the [government] appeal therefore the decision of the High Court became the last court decision.

The Supreme court premising that if the nose damage that had been caused by the U.S. military’s flight training such as fighter plane and helicopter in installing and managing the K55 air field (Pyeongtaek U.S. air base) and K6 air field(Camp Humphreys) located in the City of Pyeongtaek was beyond acceptable limit for the nearby residents, it should be considered as there had been flaws in the installation and management of the air field therefore the government (the defendant)was responsible for indemnity of damage according to the article 23 of the ‘Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea’, clause 2 of the article 2 of the special law on the civil case regarding the execution of the Status Of Forces Agreement (SOFA) and clause 1of the article 5 of the Law on the National indemnity, judged that the K55 violated law in case of its WECPNL( weighted equivalent continuous perceived noise level) being higher than 80 and the K6, in case of its Ldn being higher than 70, being over the normally beared limit.

The court defined the indemnity cost of 30,000 won for a month for a resident in the area of 80WECPNL to less than 90 80WECPN, and of 45,000won for a month for a resident in the area of 90WECPNL to less than 95WECPNL, in case of the nearby areas of the K55. It also defined the indemnity cost of 30,000 won for a month for a resident in the area of 70 Ldn to less than 75 Ldn, while 45,000 won, in the area of 75 Ldn to less than 70 Ldn, in case of K6.

The court defined the indemnity term by actual residence term but excluded the terms of military enlist and college class and applied the indemnity cost by reduction of 30%, principally according to the fault supremum , in case of the residents living since 1991. However, it did not apply reduction in case of birth, minor and marriage.

The total indemnity cost is 1,217,000,000 won and the government should provide the plaintiffs indemnity cost annually 5% from Dec. 2, 2008 to Jan. 14, 2009, while annually 20% from the next day [of Jan. 14, 2009] to the day it all pays back.

The lawsuit has been taken charged by the board of attorneys, belonging to Jung Pyeong, in the attorneys’ Council for the Democratic Society. As there is another lawsuit being moored in the High Court and having been submitted by 13,000 people beside 677 people who were made decision with damage reparation by the Supreme court decision this time, it is expected that the Supreme court decision [on Dec. 23 ] would make not a little influence in the forthcoming court decision.