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(영문) 서울고등법원 2013.11.01 2012나75606

손해배상(기)

Text

1. The judgment of the first instance court, including the claim of the Plaintiff A added at the trial court, shall be modified as follows:

The defendant.

Reasons

On August 27, 1950, when the 625 War was in progress, the government established the 11st Team in the Army for the post-defluence in the area of the future, and the 11st team was developed from October 7, 1950 to March 31, 1951 in the area of the front and North Korea.

The 11st century was composed of 9,13,20 solidaritys, and the 20th YY was carried out a operation to detect suspected suspicions of sub-fluences in the People's Republic of Korea, while stationed in the 10th YYY in the first place in the YYYY, the 20th YE was carried out as soon as possible.

On March 17, 1951, the three soldiers were killed of 15 residents, including K who were not armed, on the ground that there was doubt that he/she cooperated in susan as soon as possible in the JJ village of the YJ of the YJ of the YJ of the YJ, the three soldiers were killed of 15 residents and 3 residents were killed.

(hereinafter “In the 11st century.” Around November 29, 2006, the past management committee for the settlement of truth established in accordance with the Framework Act on the Settlement of History for the Truth and Reconciliation for Truth and Reconciliation (hereinafter “MM”) received an application from L, etc. for the verification of truth about the 11st century case from L, etc., and conducted an applicant investigation, reference witness investigation, field investigation, etc.

On March 16, 2009, on the 111st century case, the Korean War, without legitimate procedures, conducted a truth-finding decision that murdered by the armed forces against the armed forces without due process, thereby infringing on the people’s fundamental rights, the right to life, and infringing on the lawful procedural principles and the right to trial (hereinafter “the truth-finding decision of this case”). K as the victim of the 11st Incident case.

At the time of the death of K's inheritance relationship, there were the plaintiff A, father and father, N, married female siblings, who are the spouse of the plaintiff A, father and father, and the plaintiff B, C, and D.

M was deceased on June 20, 1973, N on October 13, 1976, and O on January 31, 1978, respectively.

At the time of the O’s death, there were Plaintiffs E, I and P, and unmarried daughters, Plaintiff F, G, and H.