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(영문) 대법원 2012.05.24 2009다68620

손해배상(기)

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment on basic facts and the evidence duly admitted by the lower court, the following facts are revealed.

원고들은 1923년부터 1929년 사이에 한반도에서 태어나 평양, 보령, 군산 등에서 거주하고 있던 사람들이고, 일본제철 주식회사(이하 ‘구 일본제철’이라고 한다)는 1934. 1.경 일본에서 설립되어 일본 가마이시(釜石), 야하타(八幡), 오사카(大阪) 등에서 제철소를 운영하고 있었던 회사이다.

B. Japan enacted and promulgated the National Mobilization Act of April 1, 1938 in order to resolve the shortage of labor force in the production of munitions while taking part in the Japanese War and the Pacific War, and enacted and implemented the National Mobilization Act of April 1, 1938, and recruited human resources through good offices in each region of the Korean Peninsula in 1942. From October 1944, Japan performed the requisition for the general public under the National Disciplinary Ordinance of Korea.

On the other hand, the Steel Control Association, which is a Japanese government-oriented organization that oversees and supervises Japanese steel producers, including the former Japanese iron, was established on April 26, 1941. The Steel Control Association decided to actively expand labor workers in Korea and mobilized labor workers in cooperation with the Japanese government. The former Japanese steel system played a leading role in the Steel Control Association, such as appointing the president of the Steel Control Association to serve as the president of the Steel Control Association.

C. The former Japanese iron sent a park recruitment advertisement of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office.

Plaintiff

A and B have subscribed to the foregoing advertisement report on September 1943 and to the fact that they can get back to the Korean Peninsula and find employment by acquiring the technology, and they have passed an interview with the person in charge of solicitation of Japanese iron in Bupyeongyang, and passed the interview with the person in charge.