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(영문) 서울중앙지방법원 2014.10.28 2014나34187

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the above revocation shall be dismissed.

2...

Reasons

1. Basic facts

가. B에 대한 불법구금 및 수사, 공소제기 (1) B는 1979년 3월경부터 서울에서 경양식집 ‘C’, 전주비빔밥 식당 ‘D’을 경영하였고, 1982년경 지인으로부터 일본 사업가인 E를 소개받아 일본 진출을 위한 식당개업자금을 지원받기 위해 네 차례 가량 그를 만난 적이 있다.

(2) B from March 9, 1985, the same year

8. From September 16, 1985, when he returned to the Republic of Korea and left without a certain occupation, he/she was detained in an official room in front of the Dong-dong without a warrant by the National Defense Security Headquarters (hereinafter “Security Agency”) affiliated with the Defendant, Seoul 506 Security Unit (hereinafter “Investigators”) and without being given notice of the grounds for arrest and the right to appoint a defense counsel, and was carried out voluntarily in the form of his/her act without being given an opportunity to defend himself/herself. On the 19th of the same month, he/she was transferred to the security official book and transferred to the security agent, and was illegally detained for 41 days from October 26, 1985 due to the fact that he/she was issued a detention warrant (espionage) due to the violation of the National Security Act.

On October 11, 1985, in order to conceal the fact of the long-term illegal confinement, investigators prepared a false report on the same conduct as if they voluntarily committed B around 17:00, and attached it to the investigation record. The investigation record was prepared in the name of the investigator who contributed to the investigation conducted by a security company that has no right to investigate into the civilian to conceal the investigation.

(3) B was forced to write a self-written statement, such as the fact that he had been engaged in peace from investigators, and was included in H espionage, and discovered and informed of confidential information to them.

B Since there is no such fact, the defect investigators who cannot use the self-written statement are blicking with B or blicking their body with the body of each item, steel makers, etc., one of them.

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